HomeMy WebLinkAboutJUB Engineers, Inc - WSDOT Local Agency PSA - Lewis Street Overpass (CPS-ST-5A-13-02) 02.05.18Local Agency A$E Professional Services
Cost Plus Fixed Fee Consultant Agreement
Agreement Number: 30-18-020
Firm/Organization Legal Name (do not use dba's):
J -U -B Engineers, Inc.
Address
Federal Aid Number
2810 W. Clearwater Ave., Ste 201, Kennewick, WA
STPUS-HLP-3530(006)
UBI Number
Federal TIN or SSN Number
600-069-551
82-0290774
Execution Date
Completion Date
February 5, 2018
December 31, 2021
1099 Form Required
Federal Participation
❑ Yes Q No
Q Yes ❑ No
Project Title
Lewis Street Overpass
Description of Work
The original design was based on a one-way couplet for downtown and a four -lane overpass to accommodate
the two eastbound Lewis Street and two Clark Street westbound lanes. Scope includes redesign for traditional
two-way streets that fit with the downtown revitalization efforts and potential reduced bridge width based on
practical design and complete street concepts. Additional BNSF Railway coordination and submittal of the
redesigned overpass, easements, and the M&O agreement. Previously designed pier locations and span lengths
are not anticipated to change. Through access for I st Avenue will be evaluated and an additional structure is
anticipated. Aesthetic features and urban design concepts consistent with the downtown revitalization efforts
will be included along with public involvement outreach. CONSULTANT will provide NEPA documentation
and updates and assist AGENCY with finalizing the right-of-way certification.
❑ Yes 0 No DBE Participation
Total Amount Authorized: $1,364,800
❑ Yes Q No MBE Participation
❑ Yes ❑I No WBE Participation
Management Reserve Fund: $0
Yes No SBE Participation
❑ 0
Maximum Amount Payable: $1,364,800
Index of Exhibits
Exhibit A
Scope of Work
Exhibit B
DBE Participation/SBE Plan
Exhibit C
Preparation and Delivery of Electronic Engineering and Other Data
Exhibit D
Prime Consultant Cost Computations
Exhibit E
Sub -consultant Cost Computations
Exhibit F
Title VI Assurances
Exhibit G
Certification Documents
Exhibit H
Liability Insurance Increase
Exhibit I
Alleged Consultant Design Error Procedures
Exhibit J
Consultant Claim Procedures
Agreement Number: 30-18-020
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THIS AGREEMENT, made and entered into as shown in the "Execution Date" box on page one (1) of this
AGREEMENT, between the City of Pasco
hereinafter called the "AGENCY," and the "Firm / Organization Name" referenced on page one (1) of this
AGREEMENT, hereinafter called the "CONSULTANT."
WHEREAS, the AGENCY desires to accomplish the work referenced in "Description of Work" on page one (1)
of this AGREEMENT and hereafter called the "SERVICES;" and does not have sufficient staff to meet the required
commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide
the necessary SERVICES; and
WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating
to professional registration, if applicable, and has signified a willingness to furnish consulting services to
the AGENCY.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein,
or attached and incorporated and made a part hereof, the parties hereto agree as follows:
I. General Description of Work
The work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and
necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor,
and related equipment and, if applicable, sub -consultants and subcontractors necessary to conduct and complete the
SERVICES as designated elsewhere in this AGREEMENT.
II. General Scope of Work
The Scope of Work and projected level of effort required for these SERVICES is described in Exhibit "A" attached
hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed
utilizing performance based contracting methodologies.
III. General Requirements
All aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall
receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or
individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress,
and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials,
groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT
sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days'
notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit "A."
The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will
outline in written and graphical form the various phases and the order of performance of the SERVICES in
sufficient detail so that the progress of the SERVICES can easily be evaluated.
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under
this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State
of Washington.
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Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per
49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the
commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be
shown on Exhibit `B" attached hereto and by this reference made part of this AGREEMENT. If the Prime
CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF)
regulation outlined in the AGENCY's "DBE Program Participation Plan" and perform a minimum of 30% of the
total amount of this AGREEMENT. It is recommended, but not required, that non -DBE Prime CONSULTANTS
perform a minimum of 30% of the total amount of this AGREEMENT.
In the absents of a mandatory UDBE, a voluntary SBE goal amount of ten percent of the Consultant Agreement is
established. The Consultant shall submit a SBE Participation Plan prior to commencing work. Although the goal is
voluntary, the outreach efforts to provide SBE maximum practicable opportunities are not.
The CONSULTANT, on a monthly basis, shall enter the amounts paid to all firms involved with this
AGREEMENT into the wsdot.diversitycompliance.com program. Payment information shall identify any DBE
Participation. Non -minority, woman owned DBEs does not count towards UDBE goal attainment
All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned.
All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit "C —
Preparation and Delivery of Electronic Engineering and other Data."
All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared
by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for
these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or
on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall
be without liability or legal exposure to the CONSULTANT.
Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other
party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:
If to AGENCY:
Name: Dan Ford
Agency: City of Pasco
Address: PO Box 293, 525 North 3rd Ave.
City: Pasco State: WA Zip: 99301
Email: fordd@pasco-wa.gov
Phone: (509) 545-3444
Facsimile: (509) 543-5728
IV. Time for Beginning and Completion
If to CONSULTANT:
Name: Richard Door
Agency: J -U -B Engineers, Inc.
Address: 2810 W. Clearwater Ave., Ste 201
City: Kennewick State: WA Zip: 99336
Email: rhd@jub.com
Phone: (509) 783-2144
Facsimile: (509) 736-0790
The CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by
the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this
AGREEMENT titled "Completion Date."
The established completion time shall not be extended because of any delays attributable to the CONSULTANT,
but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of
unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the
CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the
established completion time.
Agreement Number: 30-18-020
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V. Payment Provisions
The CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT
as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES,
specified in Section II, "Scope of Work". The CONSULTANT shall conform to all applicable portions of 48 CFR
Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits
"D" and "E" and by this reference made part of this AGREEMENT.
A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of the
CONSULTANT'S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,
and direct non -salary costs.
1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,
professional, technical, and clerical personnel for the time they are productively engaged in work necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits "D" and "E" of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, when accumulated with all other Actual Costs.
A summary of the CONSULTANT'S cost estimate and the ICR percentage is shown in Exhibits "D" and
"E", attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (prime
and all sub -consultants) will submit to the AGENCY within six (6) months after the end of each firm's fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year's ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub -consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is received and an overhead rate for billing purposes is approved.
The AGENCY's Project Manager and/or the Federal Government may perform an audit of the
CONSULTANT'S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3. Direct Non -Salary Costs: Direct Non -Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,
long distance telephone, supplies, computer charges and fees of sub -consultants. Air or train travel will be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)
in accordance with WSDOT's Accounting Manual M 13-82, Chapter 10 — Travel Rules and Procedures, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 "Travel Costs." The billing for Direct Non -Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
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4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT'S profit, is shown in attached Exhibits "D"
and "E" of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT and
the estimated person -hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled "Termination of Agreement."
5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,
"Extra Work."
6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section XIII, "Extra Work." No minimum amount payable is guaranteed under this AGREEMENT.
B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, "General Requirements" of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non -Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees perfoi7ming work
on the PROJECT at the time of the interview.
C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be made
promptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,
contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
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D. Inspection of Cost Records: The CONSULTANT and their sub -consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these records with the following exception: if any litigation, claim or audit arising out of, in connection with,
or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records and
accounts shall be retained until such litigation, claim, or audit involving the records is completed.
An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by the
State Auditor, WSDOT's Internal Audit Office and/or at the request of the AGENCY's Project Manager.
VI. Sub -Contracting
The AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit "A" attached hereto and by
this reference made part of this AGREEMENT.
The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without
prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY
and sub -consultant, any contract or any other relationship.
Compensation for this sub -consultant SERVICES shall be based on the cost factors shown on Exhibit "E" attached
hereto and by this reference made part of this AGREEMENT.
The SERVICES of the sub -consultant shall not exceed its maximum amount payable identified in each sub -
consultant cost estimate unless a prior written approval has been issued by the AGENCY.
All reimbursable direct labor, indirect cost rate, direct non -salary costs and fixed fee costs for the sub -consultant
shall be negotiated and substantiated in accordance with section V "Payment Provisions" herein and shall be
memorialized in a final written acknowledgement between the parties.
All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require
each sub -consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With
respect to sub -consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE'S
Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.
The CONSULTANT, sub -recipient, or sub -consultant shall not discriminate on the basis of race, color, national
origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable
requirements of 49 CFR Part 26 in the award and administration of DOT -assisted contracts. Failure by the
CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the
termination of this AGREEMENT or such other remedy as the recipient deems appropriate.
VII. Employment and Organizational Conflict of Interest
The CONSULTANT warrants that they have not employed or retained any company or person, other than a bona
fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it has not paid or
agreed to pay any company or person, other than a bona fide employee working solely for the CONSULTANT, any
fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the
award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration
or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work
or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the
CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen's
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Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made
by a third party as a consequence of any act or omission on the part of the CONSULTANT's employees or other
persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation
and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this
AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this
AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly
retired employees, without written consent of the public employer of such person if he/she will be working on this
AGREEMENT for the CONSULTANT.
VIII. Nondiscrimination
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub -consultants,
subcontractors and successors in interest, agrees to comply with the following laws and regulations:
• Title VI of the Civil Rights Act of 1964
(42 U.S.C. Chapter 21 Subchapter V § 2000d
through 2000d -4a)
• Federal -aid Highway Act of 1973
(23 U.S.C. Chapter 3 § 324)
• Rehabilitation Act of 1973
(29 U.S.C. Chapter 16 Subchapter V § 794)
• Age Discrimination Act of 1975
(42 U.S.C. Chapter 76 § 6101 et. seq.)
• Civil Rights Restoration Act of 1987
(Public Law 100-259)
• American with Disabilities Act of 1990
(42 U.S.C. Chapter 126 § 12101 et. seg.)
• 23 CFR Part 200
• 49 CFR Part 21
• 49 CFR Part 26
• RCW 49.60.180
In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit "F"
attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit "F" in
every sub -contract, including procurement of materials and leases of equipment, unless exempt by the Regulations
or directives issued pursuant thereto.
IX. Termination of Agreement
The right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten
(10) days written notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the
CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate
fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non -salary costs incurred up to
the time of termination of this AGREEMENT.
No payment shall be made for any SERVICES completed after ten (10) days following receipt by the
CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this
section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for
any excess paid.
If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT,
the above formula for payment shall not apply.
In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the
AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES
to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to
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date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of
termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the
time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES
performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the
amount, which would have been made using the formula set forth in paragraph two (2) of this section.
If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT's failure to
perform is without the CONSULTANT's or its employee's fault or negligence, the termination shall be deemed to
be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed
for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default
clauses listed previously.
The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member,
partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT's supervisory and/or
other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee.
The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or
more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The
CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT
unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s)
of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT
as set forth in the second and third paragraphs of this section.
Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of
any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the
CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY.
Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights
with respect to any future act or omission by the CONSULTANT.
X. Changes of Work
The CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as
necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find
it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or
revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered
as Extra Work and will be paid for as herein provided under section XIII "Extra Work."
XI. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or AGENCY Engineer, whose decision in the matter shall be final and
binding on the parties of this AGREEMENT, provided however, that if an action is brought challenging the
Director of Public Works or AGENCY Engineer's decision, that decision shall be subject to judicial review. If the
parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under
the procedures found in Exhibit "F'. In the event that either party deem it necessary to institute legal action or
proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior
Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto
agree that all questions shall be resolved by application of Washington law and that the parties have the right of
appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal jurisdiction of the Superior Court of the State of Washington,
situated in the county in which the AGENCY is located.
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XII. Legal Relations
The CONSULTANT, any sub -consultants, and the AGENCY shall comply with all Federal, State, and local laws,
rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this
AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of
Washington.
The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and
their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part
from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the
CONSULTANT's agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons
for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT
to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless
the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon
the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their
agents, officers, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom
the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused
by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT's agents, employees,
sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally
liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub -consultants, subcontractors and or
vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense
and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT's negligence or
the negligence of the CONSULTANT's agents, employees, sub -consultants, subcontractors or vendors, of any tier,
or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any
AGREEMENT between CONSULTANT and any sub -consultant, subcontractor and vendor, of any tier.
The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers
and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the
alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents,
proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT's
agents, employees, sub -consultants, subcontractors or vendors, of any tier, or any other persons for whom the
CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any
use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or
communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT;
provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly
improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or
inventions resulting from STATE and/or AGENCY'S, their agents', officers' and employees' failure to comply
with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and
employees by the CONSULTANT, its agents, employees, sub -consultants, subcontractors or vendors, of any tier, or
any other persons for whom the CONSULTANT may be legally liable.
The CONSULTANT's relation to the AGENCY shall be at all times as an independent contractor.
Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole
discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and
examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RC W; or
any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.
The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT's own
employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification
and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51
RCW. This waiver has been mutually negotiated between the Parties.
Agreement Number: 30-18-020
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Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable
supplemental AGREEMENT, the CONSULTANT shall provide On -Call assistance to the AGENCY during contract
administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper
construction techniques, job site safety, or any construction contractor's failure to perform its work in accordance
with the contract documents.
The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise
required, the following insurance with companies or through sources approved by the State Insurance
Commissioner pursuant to Title 48 RCW.
Insurance Coverage
A. Worker's compensation and employer's liability insurance as required by the STATE.
B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum
limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the
aggregate for each policy period.
C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for
any "Auto" (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single
limit for each occurrence.
Excepting the Worker's Compensation Insurance and any Professional Liability Insurance, the STATE and
AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub -
consultant and/or subcontractor as an additional insured (the "AIs"), with no restrictions or limitations concerning
products and completed operations coverage. This coverage shall be primary coverage and non-contributory and
any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured
coverage required hereunder. The CONSULTANT's and the sub -consultant's and/or subcontractor's insurer shall
waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to
require complete, certified copies of all required insurance policies at any time.
All insurance shall be obtained from an insurance company authorized to do business in the State of Washington.
The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the
execution of this AGREEMENT to:
Name: Dan Ford
Agency: City of Pasco
Address: PO Box 293, 525 North 3rd Ave.
City: Pasco State: WA Zip: 99301
Email: fordd@pasco-wa.gov
Phone: (509) 545-3444
Facsimile: (509) 543-5728
No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.
The CONSULTANT's professional liability to the AGENCY, including that which may arise in reference to
section IX "Termination of Agreement" of this AGREEMENT, shall be limited to the accumulative amount of the
authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of
liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT's professional
liability to third parties be limited in any way.
Agreement Number: 30-18-020
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Revised 11/01/2017
The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party,
and no third party beneficiary is intended or created by the execution of this AGREEMENT.
The AGENCY will pay no progress payments under section V "Payment Provisions" until the CONSULTANT has
fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is
available to it under other provisions of this AGREEMENT, or otherwise in law.
XIII. Extra Work
A. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT
in the SERVICES to be performed.
B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance
of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise
affects any other terns and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment
in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms
and shall modify this AGREEMENT accordingly.
C. The CONSULTANT must submit any "request for equitable adjustment," hereafter referred to as "CLAIM,"
under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY
decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final
payment of this AGREEMENT.
D. Failure to agree to any adjustment shall be a dispute under the section XI "Disputes" clause. However, nothing
in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.
E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for
this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement
to this AGREEMENT.
XIV. Endorsement of Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The Federal Highway Administration shall have the right to participate in the review or examination of the
SERVICES in progress.
XVI. Certification of the Consultant and the Agency
Attached hereto as Exhibit "G -1(a and b)" are the Certifications of the CONSULTANT and the AGENCY, Exhibit
"G-2" Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered
Transactions, Exhibit "G-3" Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
and Exhibit "G-4" Certificate of Current Cost or Pricing Data. Exhibit "G-3" is required only in AGREEMENT's
over one hundred thousand dollars ($100,000.00) and Exhibit "G-4" is required only in AGREEMENT's over
five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and
submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III "General
Requirements" prior to its performance of any SERVICES under this AGREEMENT.
Agreement Number: 30-18-020
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Revised 1110112017
XVII. Complete Agreement
This document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the
parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or
be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or
modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement
to this AGREEMENT.
XVIII. Execution and Acceptance
This AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed
to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements,
representations, warranties, covenants, and AGREEMENT's contained in the proposal, and the supporting material
submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and
conditions thereof.
XIX. Protection of Confidential Information
The CONSULTANT acknowledges that some of the material and information that may come into its possession
or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt
from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state
or federal statutes ("State's Confidential Information"). The "State's Confidential Information" includes, but is
not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles,
credit card information, driver's license numbers, medical data, law enforcement records (or any other information
identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security
data, non-public Specifications, STATE and AGENCY non -publicly available data, proprietary software, State
security data, or information which may jeopardize any part of the project that relates to any of these types of
information. The CONSULTANT agrees to hold the State's Confidential Information in strictest confidence
and not to make use of the State's Confidential Information for any purpose other than the performance of this
AGREEMENT, to release it only to authorized employees, sub -consultants or subcontractors requiring such
information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make it known to any other party without the AGENCY's express written consent
or as provided by law. The CONSULTANT agrees to release such information or material only to employees,
sub -consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have
been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and
managerial safeguards to prevent unauthorized access to the State's Confidential Information.
Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY's
option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State's Confidential
Information; or (ii) returned all of the State's Confidential Information to the AGENCY; or (iii) take whatever other
steps the AGENCY requires of the CONSULTANT to protect the State's Confidential Information.
As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following:
the State's Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which
the State's Confidential Information was received; who received, maintained and used the State's Confidential
Information; and the final disposition of the State's Confidential Information. The CONSULTANT's records shall
be subject to inspection, review, or audit upon reasonable notice from the AGENCY.
The AGENCY reserves the right to monitor, audit, or investigate the use of the State's Confidential Information
collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or
investigating may include, but is not limited to, salting databases.
Agreement Number: 30-18-020
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Revised 1110112017
Violation of this section by the CONSULTANT or its sub -consultants or subcontractors may result in termination of
this AGREEMENT and demand for return of all State's Confidential Information, monetary damages, or penalties.
It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which
is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the
confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing
such proprietary and/or confidential information shall be clearly identified and marked as "Confidential" and shall
be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.
The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential
and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT, or (b) as soon as such
confidential or proprietary material is developed. "Proprietary and/or confidential information" is not meant to
include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully
disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party;
(iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by
unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.
The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure
laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/
or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a
public disclosure request is made to view materials identified as "Proprietary and/or confidential information" or
otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such
records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent
jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the
AGENCY will release the requested information on the date specified.
The CONSULTANT agrees to notify the sub -consultant of any AGENCY communication regarding disclosure that
may include a sub -consultant's proprietary and/or confidential information. The CONSULTANT notification to the
sub -consultant will include the date that such records will be released by the AGENCY to the requester and state
that unless the sub -consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure
the AGENCY will release the requested information. If the CONSULTANT and/or sub -consultant fail to obtain
a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive
and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages,
liabilities, or costs associated with the AGENCY's said disclosure of sub -consultants' information.
XX. Records Maintenance
During the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years
from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all
"documents" pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all "documents"
pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT's place
of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall
cooperate with AGENCY and assist in the production of all such documents. "Documents" shall be retained until
all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past
the six (6) year retention period.
For purposes of this AGREEMENT, "documents" means every writing or record of every type and description,
including electronically stored information ("ESI"), that is in the possession, control, or custody of the
CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT `s,
appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten
notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records,
work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,
Agreement Number: 30-18-020
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Revised 1110112017
tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or
telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or
description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the
CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original,
or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.
For purposes of this AGREEMENT, "ESP' means any and all computer data or electronic recorded media of any
kind, including "Native Files", that are stored in any medium from which it can be retrieved and examined, either
directly or after translation into a reasonably useable form. ESI may include information and/or documentation
stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe
Acrobat, SQL databases, or any other software or electronic communication programs or databases that the
CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup
tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other
electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any
personal devices used by the CONSULTANT or any sub -consultant at home.
"Native files" are a subset of ESI and refer to the electronic format of the application in which such ESI is normally
created, viewed, and /or modified.
The CONSULTANT shall include this section XX "Records Maintenance" in every subcontract it enters into in
relation to this AGREEMENT and bind the sub -consultant to its terms, unless expressly agreed to otherwise in
writing by the AGENCY prior to the execution of such subcontract.
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the
"Execution Date" box on page one (1) of this AGREEMENT.
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Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office
of the Attorney General.
Agreement Number: 30-18-020
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Revised 1110112017
,
J -U -B ENGINEERS. INC.
Exhibit A
Scope of Work
J -U -B ENGINEERS, Inc.
Preliminary Engineering
Lewis Street Overpass
City of Pasco, WA
PROJECT DESCRIPTION AND BACKGROUND
The existing Lewis Street underpass was open to traffic in 1937. This existing narrow two-lane
structure does not meet the needs of the community due to the restricted width and other safety
issues. This project has been a high priority of the City for many years. In 2000, the City hired
The Transportation Group to conduct a transportation study that looked at the traffic needs and
options for the existing underpass. In June 2000, the City passed Resolution 2532 accepting the
concept of an overpass connected to a one-way couplet for Lewis Street and Clark Street.
The overpass concept was further evaluated in the 2009 Lewis Street Overpass Pre -Design
Study by CH2MHILL. This study evaluated refinements to the original 2000 study. The Pre -
Design report provided bridge and roadway options to establish the project footprint and limits,
supplemented traffic analysis, determined right-of-way impacts, and developed funding level
cost estimates. Four types of concrete and steel bridge options were evaluated based on 3 and
4 spans. Overpass location options ranged from constructing directly over the existing Lewis
Street alignment to multiple offset locations between Lewis and Clark Streets. The angle of the
overpass crossing was also evaluated. From this report, the preferred Alternative 26 was
selected to carry forward for design, right-of-way and environmental studies. CH2MHILL
continued to provide the NEPA environmental documentation. HDR Engineering was hired by
the City to provide the right-of-way acquisition.
In April 2010, the City hired J -U -B ENGINEERS to provide the design based on the preferred
Alternative 2B from the CH2MHILL Pre -Design Study. The scope of the design included the
assumption that Lewis Street and Clark Street would be converted to a one-way couplet prior to
Lewis Street Overpass construction. J -U -B coordinated with BNSF Railway for the design
approval of a 4 -span pre -stressed concrete structure providing four lanes of travel. The 100%
submittal to BNSF was submitted in June 2011. Draft agreements were prepared between
BNSF and the City pending funding for construction.
The City wished to explore gateway signature type structures that would clear span the BNSF
rail yard. In June 2016, Exeltech provided the Lewis Street Grade Separation Feasibility Study,
which evaluated multiple 500 -foot clear span bridge options. The bridge construction costs
ranged from $400 per square foot to $1800 per square foot based on a three -lane roadway
width. For comparison, the 2011 completed design by J -U -B ENGINEERS estimated the
structure construction cost at $244 per square foot for a wider four -lane structure.
On July 1, 2016 the Connecting Washington program was funded by an 11.9 cent gas tax. The
Lewis Street Bridge is part of the 2019 to 2021 biennium funding under the Local Programs
projects. The State will provide $15 million dollars with an expected local match (motor vehicle
account) of $11 million for a total of $26 million. With Connecting Washington funding, the City
Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page t
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J-U-B ENGINEERS. INC.
is in a good position to provide the transportation benefits of a safe, efficient grade separation,
and help revitalize the downtown.
DUTIES AND RESPONSIBILITIES OF CONSULTANT
AGENCY (City of Pasco) selected CONSULTANT (J -U-13 ENGINEERS, Inc. and
subconsultants) to provide Preliminary Engineering (PE) for the redesign of the Lewis Street
Overpass Project. CONSULTANT provided the original 2011 design based on connections to a
one-way couplet. The City of Pasco (AGENCY) is no longer in favor of the one-way couplet
concept. The City would also like to engage the local businesses and community in the design
of the west approach to the Lewis Street Overpass.
The original design roadway approach bisects First Avenue, which is a concern for emergency
vehicle response. As part of investigating concepts, CONSULTANT shall develop alternatives
that provide through access for emergency vehicles. This includes the potential design of an
overpass structure for First Avenue.
The original design provided a four -lane structure BNSF Railway overpass for connectivity to
the four lanes of the City's original one-way couplet concept. CONSULTANT will investigate
bridge width alternatives that will reduce the structure width and save construction costs.
CONSULTANT will provide concepts for aesthetic features and redesign the bridge to
incorporate the reduced width and aesthetic features. CONSULTANT will coordinate the
redesign with BNSF Railway as an update to the previous BNSF Railway design approval.
As part of the current redesign of the Lewis Street Overpass project, the City of Pasco desires
the project to the designed in context and support of downtown revitalization and urban design.
This scope of work will include concepts for Urban Design, Lighting, and Landscaping features.
The accepted features will be incorporated into the design and contract documents. For
consistency with the recent downtown master planning and revitalization, Consultant KPG is
part of the CONSULTANT team.
Geotechnical Investigation will provided by GeoProfessional Innovation lead by the same key
individuals who provided the original geotechnical work. Supplemental geotechnical
investigation will key on the potential First Avenue structure and investigate potential subsurface
voids and underground utilities in the project footprint within the two blocks acquired for this
project between Lewis Street and Clark Street and 2nd Avenue and Tacoma Avenue.
The environmental NEPA process already done for this project will require updating due to the
time lag, changes in policies, and revisions to the original project concept with a one-way
couplet. The NEPA update will be provided by Widener and Associates as a subconsultant to
J -U -B Engineers, Inc.
The City is also aware of the limits of the funding available. CONSULTANT will assist AGENCY
in investigating funding opportunities such as the new Infrastructure for Rebuilding America
(INFRA) grant program.
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J-U•B ENGINEERS, INC.
TASK 1 PROJECT ADMINISTRATION AND PUBLIC INVOLVEMENT
CONSULTANT shall provide the Project Management and Stakeholder Involvement.
Subtask 1.1 Project Management
This task includes the preparation of monthly invoices and status reports, overall project
coordination, coordination with other consultants, monitoring the project schedule and
keeping the project documentation and files up to date. CONSULTANT will develop
scope for future phases of work.
CONSULTANT will prepare monthly status reports to accompany monthly invoices. The
progress reports will identify earned value comparison of budget to actual costs.
The extent of this scope has not been identified and will depend on the extent of design
revision. CONSULTANT will assist AGENCY in the right-of-way certification process with
WSDOT. The right-of-way has been acquired for this project but the certification process
has not been completed. If additional acquisition are needed CONSULTANT will add
subconsultant(s) for appraisal and negotiations. WSDOT approved right-of-way
subconsultants will be utilized.
Assumptions:
❑ Geotechnical subconsultant GeoProfessional Innovation (GPI)
❑ Urban Design, Landscaping subconsultant KPG Interdisciplinary Design (KPG)
❑ NEPA Update subconsultant Widener and Associates
❑ Up to 24 months of project management
Deliverables:
❑ Project Schedule and updates
❑ Monthly invoices and Project Status Reports
Subtask 1.2 QC, Submittals and Review
CONSULTANT will perform an internal QA/QC review of the concepts, plans,
calculations, opinions of probable cost and reports. Submittals will be provided to
AGENCY for the opportunity to review and comment. CONSULTANT will document
review comments, proposed action and meet with AGENCY as needed for comment
resolution.
Assumptions:
❑ Two submittals to BNSF Railway
❑ After the conceptual alternatives are defined, three design submittals for
AGENCY review at 30%, 60%, 90%.
❑ Only minor revisions for 100% Final Documents including stamped documents
based on the current standards at the time of submittal.
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J -U -B ENGINEERS, INC.
❑ AGENCY will provide a single set of review comments within 3 weeks of
submittal.
Deliverables:
❑ 30% BNSF Preliminary Design Submittal
❑ 100% BNSF Final Design Submittal
❑ City 30% Submittal
❑ City 60% Submittal
❑ City 90% Submittal
❑ Final Submittal — Bid Documents
Subtask 1.3 Project Meetings
This task involves approximately two per month team meetings/conference calls,
meetings with other consultants as needed, progress meetings with the AGENCY. As
requested CONSULTANT will prepare for and attend special meetings such as City
Council updates.
CONSULTANT will assist AGENCY in preparation of City Council presentations and
developing information used to work with other consultants and stakeholders for
disseminating design alternatives and design information.
AGENCY has hired a Consultant (KPG) to assist with the downtown revitalization efforts.
CONSULTANT will coordinate with KPG to identify conceptual themes for architectural
and streetscape features.
Assumptions:
❑ 24 months project administration duration with 12 AGENCY Meetings
❑ Estimated 4 presentations to City Council
❑ Estimated 40 Team Meetings/Conference Calls approximately twice per month
Deliverables:
❑ AGENCY Meeting Agendas and follow up summaries
❑ City Council Presentations
Subtask 1.4 Stakeholder Involvement
CONSULTANT will support AGENCY with public outreach. AGENCY will take the lead
in working with the downtown stakeholders in communicating project objectives and
gaining input. The Langdon Group is a public involvement subsidiary of J -U -B
ENGINEERS, INC. and will be available to support AGENCY as requested.
CONSULTANT will prepare exhibits including renderings and videos depicting concepts
of alternatives for use with the public and downtown business community.
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J -U -B ENGINEERS, INC.
Assumptions:
❑ Estimated 3 days of individual stakeholder meetings
❑ CONSULTANT or AGENCY will provide a bilingual interpreter
Deliverables:
❑ Renderings of Concepts (6)
❑ Videos of Concepts (4)
Subtask 1.5 Public Open House or Meeting
CONSULTANT will assist AGENCY in the planning and facilitating of public meetings.
CONSULTANT will attend to present and answer questions on the design aspects of the
Lewis Street Redesign. If requested, CONSULTANT will prepare venue, display boards,
advertisements, sign -in sheets, comment forms, refreshments, etc. CONSULTANT will
also prepare and coordinate distribution of notifications to public and stakeholders. Upon
completion of the open house, CONSULTANT will provide AGENCY with open house
summary report, including comments received at the event.
Assumptions:
❑ One open house
❑ Updates to City of Pasco's project web page will be by AGENCY
❑ CONSULTANT or AGENCY will provide a bilingual interpreter
Deliverables:
❑ Design/develop/draft/print meeting displays, advertisements and project
information materials
❑ Event information for AGENCY web page and social media
❑ Open house summary report
TASK 2 DATA COLLECTION
CONSULTANT shall provide supplemental topographic surveying, utility coordination, and
updates to the project base map.
Subtask 2.1 Utility Coordination and Request Locates
CONSULTANT shall make utility locate requests prior to topographic surveys and obtain
field information. CONSULTANT will coordinate with AGENCY staff on updated
waterline improvements.
Lewis Street SOW Nov. 6, 2017 with NEPA.doc Page 5
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('J -ULB..)
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Subtask 2.2 Topographic Surveys
CONSULTANT will provide topographic surveying for the areas changed. The original
mapping was performed utilizing high definition laser scanning. Much of the buildings
and infrastructure, between Lewis Street and Clark Street from 2R' Avenue to Tacoma
Avenue, were demolished within the original project limits. Updated utility information
from locates will be surveyed for base map updates.
Assumptions:
❑ Railroad ROW surveying not included
Deliverables:
Subtask 2.3 Update Base Map
CONSULTANT will conduct survey field note reduction, draft topographic survey map,
and provide QA/QC review of survey. The original project base map will be updated to
reflect new survey information.
CONSULTANT will coordinate with AGENCY on the planned improvements for Oregon
Avenue to be reflected in design drawings and base mapping. Supplemental topography
may be needed after the Oregon Avenue project construction is complete.
Assumptions:
❑ The base map will include the original Laser Scanned Survey outside of the limits
of supplemental topography surveys.
Deliverables:
❑ Project electronic CADD base map updated
TASK 3 BNSF RAILWAY COORDINATION
Subtask 3.1 Design Submittals
CONSULTANT shall coordinate with BNSF Railway to determine the submittal review
process of the redesign. Previous design efforts included submittals for Concept Level,
30% Design, and 100% Design submittals. It is anticipated that BNSF Railway will
require an updated 30%G submittal of the revised design and an updated 100%G submittal
for final review. For the redesign, this scope assumes no additional surveying or other
activities requiring railroad flagging or permitting will be needed.
Assumptions:
❑ Two BNSF Railway Submittals (30%G & 100%B)
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❑ No recent changes within the BNSF right-of-way since the original design
Deliverabfes:
❑ 30% Design BNSF Railway Updated Submittal
❑ 100% Design Level BNSF Railway Updated Submittal
Subtask 3.2 Maintenance and Operation Agreement Support
CONSULTANT shall assist AGENCY in updating/revising the M&O Agreement with
BNSF Railway. Previous design efforts led to a draft M&O Agreement. It is anticipated
that a new agreement will be required with updated project information. CONSULTANT
will assist AGENCY by providing design support information.
Subtask 3.3 BNSF Railway Easements
CONSULTANT shall assist AGENCY in developing the needed easements for the
construction and maintenance of the overpass within BNSF right of way. CONSULTANT
will research previous easements prepared during the original design AGENCY
negotiations and make edits as needed for the easements and exhibits. Based on
previous negotiations, easements needed will include an aerial easement for the
structures, construction easements for limits including pier foundations, and an
easement for periodic inspection and maintenance.
CONSULTANT will coordinate with BNSF Railway and their right-of-way consultant for
the current requirements and submittal process. If associated fees are required,
AGENCY will pay those fees directly.
Assumptions:
❑ The original BNSF Railway easements, prepared for the original design, will be
revised to per the new substructure and superstructure dimensions.
Deliverables:
❑ Exhibits and legal descriptions for railroad easements
TASK 4 PRELIMINARY DESIGN
Subtask 4.1 Basis of Design/Design Matrix
WSDOT has transitioned to the "Practical Design" approach for all State and Federal
WSDOT projects, which includes the documentation of the Basis of Design based on the
project scope rather than a Design Matrix. The Local Agency Guidelines (LAG) Manual
has not been updated to incorporate the Practical Design approach for local agencies. It
is anticipated that the LAG Manual will be revised sometime during the life of this project.
CONSULTANT will document design deviations as if they may need to be later
developed into "Design Analysis" and the Basis of Design documented. CONSULTANT
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will base design on the assumption that the federal nexus will require adherence to the
LAG Manual and coordination with WSDOT Local Programs.
Basis of Design will establish design criteria with the concurrence of the AGENCY. The
original design of Lewis Street provided a four -lane roadway and structure in order to
match the one-way couplet (two lanes each direction) concept of Lewis and Clark
Streets. The redesign will assume Lewis Street to be the main two-way arterial providing
one -lane for each direction and optional center lane to accommodate left turns.
Continued through access to Clark Street via First Avenue will be part of the redesign.
The original design bisected 1st Avenue eliminating the through traffic between Lewis
and Clark streets. CONSULTANT will develop a Basis of Design Memo documenting the
design criteria in accordance with the WSDOT Local Agency Guidelines (LAG) Manual
and WSDOT/AASHTO guidelines as applicable. City of Pasco standards will be
incorporated into the project. Conflicting standards with WSDOT/AASHTO will be
identified and recommendations provided for compliance.
Assumptions:
❑ Current WSDOT Basis of Design (BOD) for Development Services and Local
Programs form available through SCR
Deliverables:
❑ Basis of Design and supporting documentation
Subtask 4.2 Preliminary Roadway Concepts
CONSULTANT will develop conceptual layouts for the
by eliminating the one-way couplet and providing
CONSULTANT will provide concepts for two
accommodations for pedestrians and bicyclists.
Assumptions:
project, which revises the design
through access for 1st Avenue.
and three lane sections and
❑ Concepts includes at -grade option for 1S1 Ave and an underpass option
❑ Estimated two roadway concepts for west end of project connection to existing
streets.
Deliverables:
❑ Roadway Concept Exhibits
Subtask 4.3 Aesthetic Features and Concepts
CONSULTANT will coordinate with subconsultant KPG to develop concepts for aesthetic
features for the project. These features will include aesthetic features for the structure,
walls and addition of gateway features for example arches, which promote the downtown
revitalization theme.
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Assumptions:
❑ Landscaping/street scape concepts coordinated with AGENCY to include
downtown revitalization input from stakeholders as identified by subconsultant
KPG.
Deliverables:
❑ Concept Exhibits
Subtask 4.4 Alignment and Profile Redesign
Based on the approved roadway and aesthetic feature concepts, CONSULTANT will
revise the alignments and profiles of Lewis Street and connecting intersections. The
alignment and profile will be designed to tie -into existing grades with smooth transitions
meeting design criteria established in the Basis for Design. The profile grade will
consider the clearance required for the BNSF Railway overpass and anticipated
structure depth. BNSF had previously approved the alignment, profile and layout of
piers.
Assumptions:
❑ For scoping and budget purposes, it is assumed that the original designed
structure alignment, profile, spans and pier locations are still acceptable to BNSF
Railway.
❑ The profile revisions will include a solution to providing through access for 1St
Avenue.
Subtask 4.5 Intersection Conceptual Layouts
CONSULTANT shall evaluate intersection layouts for the following:
• Lewis St./2nd Ave
• Lewis St./1st Ave — At Grade Intersection providing through 2nd Street Access
• Lewis StAst Ave — Grade Separation providing through 2nd Street Access
• Lewis St./Tacoma Ave
• Clark St./2nd Ave
• Clark St./1st Ave
• Clark St./Tacoma Ave
CONSULTANT will coordinate with AGENCY staff including the Fire Department in the
concept developments. Pedestrian and bicycle access will be identified during the
concept layout. Detailed American with Disability Act (ADA) design is part of the final
design and may require revisions for pedestrian access as design progresses.
Deliverables:
❑ Intersection Concept Layouts
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Subtask 4.6 Storm Drainage & Alternatives
CONSULTANT shall utilize as much of the original storm drainage design as practical.
CONSULTANT will review concepts and identify revisions needed for final design.
CONSULTANT will develop conceptual storm drainage identifying design revisions to
incorporate into the final design.
Assumptions:
❑ WSDOT Hydraulic Report will not be required.
Deliverables:
❑ Conceptual Storm Drainage Layout
Subtask 4.7 Right of Way Assessment
Right of way support services will be completed in accordance with the AGENCY's Right
of Way Acquisition Procedures, including WSDOT's LAG Manual Right of Way
Procedures, and the Federal Uniform Relocation Assistance and Real Property
Acquisitions Policies Act. CONSULTANT will assist AGENCY in an assessment of the
current right-of-way certification status. Based on the concepts developed and initial
preliminary engineering layout, CONSULTANT will evaluate whether additional right-of-
way will be required. For this scope, additional appraisals and parcel acquisitions are not
included, but will be supplemented if needed. For this initial assessment AGENCY and
County Assessor records will be researched.
Assumptions:
❑ Title Reports are not included
❑ This scope assumes Right -of -Way Plans are not required and the original City of
Pasco plans are still valid.
Subtask 4.8 Develop Opinion of Probable Costs
CONSULTANT will perform design calculations for quantity takeoffs and develop an
Opinion of Probable Costs based for the conceptual designs as requested by AGENCY.
Costs may be used for comparison to the original design or alternatives provided in other
studies.
Deliverables:
❑ Opinion of Probable Costs for Alternatives and Concepts
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Subtask 4.9 Compile 30% Plans
CONSULTANT will compile 30% plan set for submittal. The 30% submittal will
incorporate the accepted conceptual layouts and identify the proposed aesthetic
features. The original design plan sheets will be used as the bases for the 30%
submittal. Specific details such ADA ramps, lighting, striping, signage, quantity tabulation
and structure notes sheets, etc... will be either be removed from the 30% plans submittal
or included as sheet place holders for future submittals. The intent of 30% submittal is to
define the roadway and structure geometrics in accordance with the basis of design, and
confirm the project footprint and features.
Assumptions:
❑ Plan scale, sheet layouts, and drafting standards will be based on the original
design plans.
❑ CONSULTANT will incorporate the roadway, structural, and plans developed by
subconsultant into a single plan set.
Deliverables:
❑ 30% Plan Submittal
TASK 5 FINAL DESIGN — PLAN REVISIONS
CONSULTANT will try to utilize as much of the original design information as feasible in order to
reduce the rework of design elements. The preliminary design outcomes will define the level of
effort for the final design and development of ad ready documents.
Subtask 5.1 Roadway Design
CONSULTANT will further refine the horizontal alignments, vertical profiles, and
roadway sections. Earthwork quantities will be computed for each alignment. Retaining
wall types, sizes, and locations will be revised. Preliminary intersection plans, including
channelization, will be revised along with access for local streets addressed. Roadway
safety elements such as guardrail and pedestrian railing will be revised.
CONSULTANT will revise the design to eliminate the Lewis Street/Oregon Avenue
intersection and signal improvements since this signal was included in the Oregon
Avenue improvements project, which will be constructed prior to Lewis Street Overpass.
Assumptions:
❑ The currently designed 4 -lane roadway will be reduce to two or three lanes.
❑ The revised alignment will be based on the original structure location.
Deliverables:
❑ Refined Roadway Sections
❑ Alignment Sheets
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Subtask 5.2 Drainage Design Revisions
CONSULTANT will revise the storm drainage design calculations and summarize the
revisions in a design memorandum. The memo will address the revisions to the original
design. This memo is not intended to be the level of detail required for WSDOT
Hydraulic Report. CONSULTANT will update or prepare new calculations to reflect the
design changes. CONSULTANT will compare the availability of the original design
components and make recommendations for revisions as needed based on current
standards and practices.
Assumptions:
❑ WSDOT Hydraulic Report not included
Deliverables:
❑ Drainage Design Memorandum
Subtask 5.3 Utility Coordination and Design Revisions
CONSULTANT will contact utilities and request their verification of locations shown in
the original plans. CONSULTANT will update utility information based on survey locates
and information provided by each utility. CONSULTANT will document contact and
project information and decisions.
CONSULTANT will review the original waterline design with AGENCY staff and revise to
reflect improvements made near the project and overall system configuration. Other than
City utilities, designs for utility relocation is to be provided by the utility including all
relocation activities during construction.
Assumptions:
❑ AGENCY will provide plans and documentation of recent waterline projects in the
area and verification of City utility information.
Deliverables:
❑ Utility Coordination Log
Subtask 5.4 Traffic Control Phasing and Plans
CONSULTANT will update the construction phasing sequences and traffic control plans
to reflect the design revisions including eliminating the Lewis -Clark Couplet design. As
part of stakeholder coordination, the proposed traffic control and impacts to downtown
businesses will be presented as part of the public involvement headed by the City.
CONSULTANT will provide detour layout, traffic control strategies.
CONSULTANT will develop a construction schedule to determine the time for
construction.
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Assumptions:
❑ The original design included traffic control phasing for connecting to a one-way
Lewis -Clark couplet. The traffic control phasing will be redesigned based on
maintaining the existing two-way traffic on Lewis Street & Clark Street.
Deliverables:
❑ Construction Schedule
❑ Revised Traffic Control Plans
Subtask 5.5 Compile Contract Plan Submittals
CONSULTANT will prepare final plan sheets incorporating design revisions identified
from the preliminary design. CONSULTANT will incorporate additional landscaping,
streetscaping and aesthetic design features chosen as part of the Preliminary Design.
CONSULTANT will submit 60% plans with an updated opinion of probable costs
estimate. CONSULTANT will provide a draft outline for the Special Provisions of non-
standard items that will be included in the final bid documents.
CONSULTANT will submit 90% plans, specifications and opinion of probable cost
estimate. CONSULTANT will incorporate review comments into a final set of contract
documents ready for advertisement.
Assumptions:
❑ The original design plans revised to incorporate the design revisions to
approximately 230 sheets.
Deliverables:
❑ 60%B Plan Submittal
❑ 90% PS&E Submittal
❑ Final ad ready PS&E
Subtask 5.6 Opinion of Probable Cost Estimate
CONSULTANT will update design quantities including Quantity Tabulation Sheets and
Structure Notes Sheets to reflect design changes. CONSULTANT will conduct QC of
quantities and develop an Opinion of Probable Costs based on revised quantities.
Estimates will be compared to historic bid records of local agency projects and WSDOT
projects.
Assumptions:
❑ The original unit bid items will remain. Additional bid items will be added for
aesthetic features added to the project.
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Deliverables:
❑ 60%G Opinion of Probable Costs Preliminary Design Submittal
❑ 90%G Opinion of Probable Costs Final Design Submittal
❑ Final Opinion of Probable Costs
Subtask 5.7 Specifications Revisions
CONSULTANT will update the specifications to reflect the revised design and to
incorporate WSDOT/APWA specification revisions since the original 2010 based
specifications were initially developed. It is anticipated that AGENCY will provide the
front-end standard bid documents and CONSULTANT will provide special provisions,
general special provisions, and addendums. AGENCY will compile the ad ready bid
documents. Bid Ready Documents will include the BNSF Railway Final Agreement with
the City.
Assumptions:
❑ AGENCY will provide the City standard front-end contract documents for Federal
Aid projects.
Deliverables:
❑ 60%G outline of Special Provisions
❑ 90%G Specifications
❑ Final ad ready documents
Subtask 5.8 Bid Assistance
CONSULTANT staff will be available to assist in responding to contractor questions
during the bidding process.
Assumptions:
❑ Construction administration assistance and construction observation would be a
supplement to this scope of work.
TASK 6 STRUCTURES DESIGN REVISIONS
CONSULTANT will provide the structural design including the overpass bridge superstructure,
substructure, piers and foundations, and structural walls. The original design criteria was in
accordance with AASHTO LRFD and the WSDOT Bridge Design Manual.
CONSULTANT will provide the structural design for a new single span structure for First
Avenue. This structure will provide through access to accomidate emergency vehicles btween
Lewis Street and Clark Street.
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Subtask 6.1 Revised Situation and Layout (S&L)
CONSULTANT will review the original design criteria and identify design and/or
calculations that will need to be revised due to new standards or procedures.
CONSULTANT will incorporate those changes along with design revisions based on the
outcome of the concepts.
CONSULTANT shall prepare S&L plans based on the revisions to the Lewis Street
bridge width and other accepted concepts.
CONSULTANT will evaluate the type, size and location of a grade separation structure
for 11' Avenue and Lewis Street. During the initial concepts, CONSULTANT will provide
alternatives for potential type of structure such as box culvert or simple span and budget
level cost comparisons. CONSULTANT will provide a Technical Memorandum with cost
comparisons of structure types. CONSULTANT will design the 1 SI Avenue structure and
incorporate into the overall contract plan, specifications and estimate (PS&E).
Assumptions:
❑ The four lane width structure in the original design will be reduced to a two or
three lane structure width. Width will be determined during conceptual design
outcomes.
❑ The original structure type, location and span lengths will remain the same.
❑ Aesthetic features will be added to the structure
❑ The revised S&L will be provided in the preliminary design BNSF Railway
resubmittal. Final S&L will incorporate revisions from BNSF & AGENCY review.
❑ A single span bridge overpass for First Avenue is included in the project.
Deliverables:
❑ Memorandum TS&L for First Avenue Structure
❑ Preliminary Situation and Layout (S&L)
❑ Final Situation and Layout (S&L)
Subtask 6.2 Superstructure Design
CONSULTANT shall redesign Superstructure plans and prepare calculations for the
superstructure. An independent QC review by CONSULTANT of the superstructure
plans and calculations will be completed, and changes made.
Assumptions:
❑ S&L is approved by BNSF Railway prior to this task.
❑ Original Bridge Plan Sheets will be used as Basis for Revised Sheets
Deliverables:
❑ 60% Superstructure (Lewis St. Bridge)
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❑ 60% Superstructure (11 Ave Bridge)
❑ 90%G Superstructure (Lewis St. Bridge)
❑ 90% Superstructure (1st Ave Bridge)
❑ Final Design Submittal
Subtask 6.3 Redesign & Prepare Substructure Plans
CONSULTANT shall redesign substructure plans and prepare calculations for the
substructure. An independent QC review of the substructure plans and calculations will
be completed, and changes made.
Assumptions:
❑ S&L are approved by BNSF Railway prior to this task.
❑ Original Bridge Plan Sheets will be used as Basis for Revised Sheets
Deliverables:
❑ Draft substructure design.
Subtask 6.4 Prepare Bridge Summary Sheets
CONSULTANT shall determine bridge unit items and quantities and bridge summary
sheets will be produced for this structure.
An independent QC review of bridge items and quantities will be performed. Adjustments
from the QC review will be made.
Assumptions:
❑ Plans will be developed as a part of the overall bid package.
❑ Quantity calculations will be provided in final design package.
Deliverables:
❑ Bridge Summary Lewis Street Overpass
❑ Bridge Summary First Avenue Structure
TASK 7 URBAN DESIGN, LIGHTING, LANDSCAPING, IRRIGATION (KPG)
This task will be provided by subconsultant KPG:
OUTLINE OF SERVICES
It is proposed that these Urban Design, Lighting, Landscape and Irrigation Design Services will
be provided in two stages. The first stage is conceptual design of corridor/gateway/overpass
enhancements resulting in a preferred alternative. The second stage is designing the preferred
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alternative and developing construction documents. The attached Scope of Work provides the
details for the project.
CONCEPTUAL DEVELOPMENT TASKS
This work will consist of assisting the design team in fine-tuning the urban design and landscape
of the corridor.
This work will consist of developing one or more gateway alternatives for discussion with project
stakeholders through a series of meetings and presentations.
The preferred alternative will be carried forward to a level of detail that identifies the parameters
of location, scale, general dimensions, materials and character.
CONSTRUCTION DOCUMENT TASKS
This work will include custom details and/or research for specifications and cost estimates will
be required for the architectural design/materials/colors/finishes of railing/screens and related
elements, wall treatments & finishes, lighting fixtures and photometrics, and other urban design
bridge treatments. Details and redlines will be provided for final drafting/structural design and
coordination by J -U -B. Landscaping and Irrigation plans and Lighting plans will be provided by
the KPG.
SCOPE OF WORK
Subtask 7.1 Coordination/Administration
The CONSULTANT shall provide continuous project management and administration for
the project duration (24 months).
The CONSULTANT shall prepare and attend design team meetings (30).
The CONSULTANT shall attend project coordination meetings (4).
The CONSULTANT shall attend provide internal QA/QC reviews.
Assumptions:
❑ Coordination meetings with J -U -B, project team and/or City.
Subtask 7.2 Conceptual Design
The CONSULTANT shall provide conceptual design alternatives and refinement for
selecting preferred alternatives for urban design, roadway and accent lighting and
landscape elements, including railings, light fixtures, wall treatments, and related
features.
Assumptions:
❑ Team meetings/Conference Calls
❑ Conceptual alternatives
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❑ See Assumptions 7.3
Deliverables:
❑ Conceptual drawings to convey urban design, roadway and accent lighting and
landscape elements, including railings, light fixtures, wall treatments, and related
features.
Subtask 7.3 Final Design and Construction Documents
It is anticipated that the final design drawings may include the following:
• Landscape Plan Sheets (est 7)
• Irrigation Plan Sheets (est 7)
• Landscape and Irrigation Details (est 4)
• Urban Design Details (structural design by J -U -B) (est 4)
• Illumination — Roadway, Overpass, Accent Lighting (est 13)
• WSDOT Special Provisions/specifications
The CONSULTANT shall prepare 30% Plans
The CONSULTANT shall prepare 60% Plans, specifications and cost estimates.
The CONSULTANT shall prepare 90% Plans, specifications and cost estimates.
The CONSULTANT shall prepare 100%/Bid Ready Plans, specifications and cost
estimates.
Assumptions:
❑ Final Design of preferred option
❑ Construction plans, specifications and estimates
❑ 30%/60%/90%/Bid submittals
Deliverables:
❑ 30%/60%/90%/Bid submittals
❑ Lighting report
KPG:
• Provides conceptual design based on J -U -B provided overpass baseline drawings.
• Provides landscape, irrigation and lighting plans and details.
• Provides up to 2 different illumination layout alternatives and associated design reports.
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• 30% illumination Plans and Cost Estimate with the following level of details: luminaire
pole locations, luminaire schedule including station/offset, fixture specifications and
mounting height and preliminary construction notes.
• Following illuminations submittals shall include Plans, Specifications, Estimates and
relevant electrical calculations. Plan sheets will include following additional detail:
updated construction notes, junction box locations and type, conduit, wiring, proposed
electrical service locations, power source, one line circuit diagrams, service panel
schedule and details as required. Luminaire to bridge attachment details shall be
provided and stamped by a structural engineer.
• Provides urban design details to be coordinated/integrated by J -U -B with overpass
structure.
• Digital copies of all deliverables in requested format.
• Presentation Materials for public and city meetings.
• Prepare urban design, lighting, landscape and irrigation for review and approval by the
City of Pasco. Specifications shall be based on current WSDOT/APWA standard
specifications using city boilerplate or J -U -B boilerplate in Microsoft word.
J-U-B/CITY:
• Provide structural and civil geotechnical design support (including soils lateral bearing
pressure) and full coordination of urban design elements.
• Provide AutoCAD basemap information including proposed roadway and overpass
improvements.
• Provide basemap design files for each design submittals.
• Public involvement, stakeholder, city meeting arrangements.
• Provide specifications in Microsoft Word format.
• Incorporate KPG's urban design details for bridge, roadway, wall treatments, railings,
etc. into J -U -B Plans.
• Point of connection for water and electrical for landscape irrigation system.
• Right of way determination, acquisition, easements, rights of entry, and/or temporary
construction permits will be handled by the J -U -B.
• J -U -B will complete all coordination with private and public utilities including relocation of
utilities, potholing and electrical service connections. Coordination with BNSF Rail will be
completed by the J -U -B.
• Coordination with WSDOT, if required, will be completed by the J -U -B.
• Cost estimate deliverables shall be submitted in MS Excel and PDF format. J -U -B will
compile the submitted specifications and estimates into the project documents.
Illumination system cost estimate shall be per lump sum. A lump sum breakdown shall
be provided upon a request.
• As-Built/Record drawings are not included in the scope of work.
• Temporary illumination, traffic control/construction staging/detour plans are not included
in this scope of work.
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• Plan sheets will be formatted per J -U -B (City?) standards.
• Illumination Plan sheets will be scaled at 1" = 20' with 20 foot overlap at each
continuation line.
• All Plan sheet deliverables shall be submitted in PDF format.
• KPG's ad -ready documents will be printed by the KPG and delivered as full size
(22"x34") with original signatures.
• Information to be provided by J -U -B:
• Topographic basemap, proposed civil design and updates in Autocad format;
• Preferred alternative roadway geometric linework and proposed utilities (public and
• private, including OH wiring elevations, where clearance issues may be anticipated) in
AutoCAD format;
• City CAD standards including layering and typical symbols;
• Corridor CAD sheet layouts with match line locations in AutoCAD format;
• Latest City of Pasco Right -of -Way Design Manual and City Boiler Plate Specifications;
• Master project schedule and updates.
• Wall profiles for an urban design treatments/designs.
TASK 8 GEOTECHNICAL INVESTIGATION
Additional geotechnical investigation will be provided by subconsultant GeoProfessional
Innovation (GPI), within the two -block area comprised of 2nd Avenue to Tacoma Avenue and
between Lewis Street and Clark Street.
EXISTING CONDITIONS
The project area for the new alignment east of Tacoma Avenue is bound to the west by Tacoma
Avenue, to the east by 2nd Avenue, to the north by Clark Street, and to the south by Lewis
Street. It encompasses 2 city blocks, which we understand the City of Pasco now owns. As
noted in the photograph below, all but 1 building across these lots have been demolished and
the project area is relatively level. We understand demolition activity did not remove extensive
structures below grade and there is suspicion of potential "Chinese tunnels" that may exist as
historic conduits of migrant labor access portals to the adjacent railyard. Public and franchise
utilities are expected to remain along each roadway around the perimeter of these blocks and
access the one building that is intended to remain at the intersection of 1st Avenue and Clark
Street.
PROPOSED CONSTRUCTION
We understand that the Lewis Street railroad overpass will intersect Tacoma Avenue at
approximately +30 feet above Tacoma Avenue's center line. Originally conceived, the roadway
embankment is to be constructed of mechanically stabilized earth (MSE) that tapers in elevation
from west to east, across 1st Avenue, ultimately intersecting at 2nd Avenue at its original
intersection with Lewis Street. The realigned Lewis Street would be elevated 12 to 16 feet
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above 1st Avenue and would functionally block it under this configuration. However, the City of
Pasco desires 1 st Avenue to remain functional and publically accessible.
To keep 1st Avenue open, an overpass is required. This overpass is envisioned to be a span of
approximately 50 to 60 feet without center piers. Conventional or MSE abutments will be
constructed on either side of 1st Avenue to support single or double "T overpass girders and
facilitate an approximate 22 -foot wide (2 -lane) bridge deck plus sidewalks. The overpass
elevation is still under consideration but would appear to need at least 20 to 22 feet clear
vertical span to allow for girder depth (structure) and traffic. To facilitate this height and meet
grade transitions at 2nd Avenue, list Avenue may be lowered several feet. The extent 1st
Avenue can be lowered will likely be dictated by utilities, specifically existing stormwater grades.
Stormwater detention and infiltration facilities are planned immediately south and west of the
intersection of 1st Avenue and Clark Street. The asphalt pavement section for new roadways
has been determined as part of original design and prescriptive pavement requirements. No
other structures are envisioned at this time.
PROJECT APPROACH
We understand the overall Lewis Street overpass and alignment is in final design and that the
original geotechnical engineering evaluation (prepared by our team under Strata, Inc.) for the
project will be relied on from Tacoma Avenue west. As J -U -B advances final design, we also
understand that GPI is to provide geotechnical assistance in the alignment modification
evaluation from Tacoma Avenue to 2nd Avenue. Therefore, our proposed scope is to provide a
geotechnical engineering evaluation that further explores the subsurface in this area and
provides geotechnical recommendations to assist project planning, design, and construction
specific to this section of the overall project. These recommendations will principally be focused
on structural and embankment foundation requirements for the new overpass over 1st Avenue.
Previous borings performed by Strata (B-5, B-10, B-11, B-12) provide near -surface soil
characteristics. From our discussions with you and the standard of care for this infrastructure
investment, we recommended deeper exploration be advanced at the proposed abutment
locations for the 1 st Avenue overpass and a couple of additional borings along the Lewis Street
alignment east of 1st Avenue to fill in subsurface data gaps. Additionally, if 1st Avenue is to be
lowered, the substrate needs to be evaluated along with the current pavement section.
Therefore, our approach relies on 5 to 6 additional borings along the alignment with 2 of those
borings extending 80 to 100 feet or to refusal on bedrock at the proposed abutments. An
additional boring scope alternate can be considered in conjunction with infiltration testing at the
stormwater facility planned at Clark Street and 1 st Avenue.
The alignment described above is under consideration by the City of Pasco. We understand the
City of Pasco is the governing and funding project entity and will gauge the viability of an
overpass over 1st Avenue based on access limitations, grades at the 2nd Avenue intersection,
and the overall investment required to construct a second overpass. Design will generally
adhere to Washington State Department of Transportation (WSDOT) Geotechnical Design
Manual (GDM), 2018 WSDOT Standard Specifications for Road, Bridge and Municipal
Construction (2018 WSDOT Standards) and American Association of State Highway
Transportation Officials (AASHTO) Load Resistance Factor Design (LRFD) Bridge Design
Specifications, but does not require WSDOT design review or approval. Therefore, there are no
specific report formats GPI must follow as part of our design. We recommend the exploration
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plan be reviewed with the City of Pasco prior to initiating exploration to reduce the potential for
rework and unexpected remobilizations to meet design requirements.
GPI plans to, in part, rely on the previous soil borings listed above, as well as previous
laboratory testing to help reduce impacts to the overall project budget. Due to the presence of
suspected near -surface (within 10 feet) voids and/or historical utilities or tunnels, as well as the
recent demolition activities, you request that we delineate a scope alternate for geophysical
survey to bolster our exploration. We have incorporated that into the scope below. We also
delineate it as an alternate fee. The advantage of performing geophysical survey services at the
time of exploration is that further utility clearance can be obtained in the exact exploration
locations.
PROJECT APPROACH ASSUMPTIONS
Our exploration approach is based on some assumptions and our interpretation of anticipated
design requirements. We assume it is acceptable to perform exploration in the alignment
section of interest during a single event (i.e. one mobilization) providing exploration locations
are coordinated in advance. For our schedule, we assumed the alignment will be available to
explore between October 15 and December 1, 2017m using truck -mounted equipment. We
anticipate exploration can be accomplished during normal business hours (7 am -7 pm).
Given the original exploration identified bedrock in excess of 75 feet below the surface, should
bedrock be encountered within the 2 planned deep borings, we assume it is not necessary to
core bedrock to verify its weathering and competency. We will potentially require coordination
with the City of Pasco to arrange for access to the exploration locations, as well as their
acceptance to block 1 lane of traffic and all parking along 1st Avenue for boring exploration in
the roadway. Our scope proposes to provide Y2 -day of traffic control during these explorations.
Assumptions:
In addition to the above assumptions regarding exploration, the following text
summarizes several other assumptions we relied on in developing our geotechnical
scope:
❑ We assume that new overpass foundations for the 1st Avenue overpass will be
similar to those planned for the Lewis Street overpass. That is, conventional cast -
in -place, continuous foundations bearing on reinforced granular soil
improvements over native soil.
❑ Construction staging, shoring, and excavation plans will be provided by the
contractor and do not require GPI's design involvement.
❑ Concrete sidewalks, curbs, gutters, and asphalt -paved parking areas will be
constructed per WSDOT or City of Pasco Standards or special provisions and do
not require GPI's design involvement
❑ The City of Pasco or J -U -B will obtain permits required to perform exploration in
City of Pasco ROWS
❑ J -U -B will survey exploration locations and supply AutoCad files with the boring
layout as well as collar elevations. We will rely on J -U -B for structure alignment,
stormwater swale locations and to provide necessary drawing support,
specifically the alignment plan and profile.
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❑ It is our understanding that GPI is not required to provide our report information
in Microstation format. Report and technical information can be presented in
Standard English units. 2018 WSDOT Standards will be referenced for material
and construction requirements
The above assumptions are critical to the exploration scope and fee. We understand the
City of Pasco and J -U -B agree with these assumptions and understand the associated
risks and design budget savings.
Subtask 8.1 Geotechnical Evaluation
CONSULTANT team will met with AGENCY representatives at the project site to review
site surface conditions along the proposed alignment and establish exploration access
and schedule. Locate borings with survey staff and the City of Pasco relative to areas of
interest, mutually established by the project team. Preliminary exploration locations are
illustrated on Plate 1, attached to this proposal.
Subtask 8.2 GPR and Utility Locates
GPI will retain a private utility locating service to identify existing private utilities within
planned exploration locations immediately prior to exploration. If this service is
authorized, we will meet with City of Pasco personnel and our private locating
subconsultant within 2 hours prior to initiating boring exploration. While meeting with City
of Pasco personnel, our private locating subconsultant will delineate and demarcate
utilities within 10 feet of planned exploration locations. Where necessary, exploration
locations will be adjusted to avoid located utilities.
Subcontract and explore the site using GPR and an electro -magnetic (EM) survey. The
EM survey will use a Geonics EM -61 MKII high sensitivity metal detector and data will be
collected across the site on transects spaced 5 or 10 feet apart (pending J -U -B's
assessment of limitations and fees). The 5 -foot spacing is recommended. Data will be
recorded at 5 readings per second along each transect and digitally recorded on an
Allegro CX data logger using NAV61 software from Geomar. Additionally, ground
penetrating radar survey (GPR) will be conducted using a GSSI SIR3000 control unit
and a 400 MHz antenna. GPR data will be collected across EM anomalies. Location
control will be established using a Trimble Pro6H GNSS receiver outputting a NMEA
GGA string to the Allegro CX data logger. EM data will be converted to NAD83 State
Plane coordinates using Didger from Golden Software. Geo -referenced data will be
gridded and contoured using Surfer 13 from Golden Software. The culmination of data
will be available in a separate report if useful for RSD. Excerpts and extrapolations will
be included in the geotechnical deliverable.
Subtask 8.3 Exploratory Borings
Subconsultant GPI, will advance 5 to 6 exploratory borings along the conceptual
alignment between 1st Avenue and 2nd Avenue as shown on Plate 1. We propose 2
borings (1 at each abutment extending 80 to 100 feet below the surface. One to 2, 30- to
40 -foot borings will be advanced at the MSE embankment alignment east of 1st Avenue.
Finally, 2 borings are planned along the 1st Avenue alignment, 1 on each side of the
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overpass crossing. Borings will be advanced via hollow -stem auger drilling. Where
borings are refused on debris, boulders, bedrock, or other obstructions, coring is not
planned and the boring will be terminated.
Subtask 8.4 Stormwater Boring
Subconsultant GPI will provide an additional, 10 -foot -deep boring, to be performed
concurrently with the exploration outlined above, within the planned stormwater
detention/infiltration location outlined by J -U -B. Accomplish 1 field infiltration test during
the first phase of fieldwork to evaluate the near surface soils' infiltration characteristics
referencing the boring infiltrometer methods outlined in Appendix 66 of the Washington
State Department of Ecology (Ecology) Stormwater Management Manual for Eastern
Washington. We will also correlate infiltration test results to grain size distribution
laboratory test results referencing regional stormwater correlations to identify potential
stormwater disposal methods.
Borings will be backfilled at the conclusion of exploration, then plugged with bentonite at
the surface and patched with cold asphalt, where they penetrate existing asphalt in 1st
Avenue. Exploration locations will not be landscaped or compacted. Some site rutting
from drill access and other surficial disturbance should be expected. Excess soil from
borings will remain on site in the vacant lots. Soil encountered in the borings will be
visually classified with reference to the Unified Soil Classification System (USCS).
Subsurface profiles will be logged. The depth to groundwater, if encountered, will be
recorded. Soil samples will be obtained via standard penetration (SPT) at 5 -foot
intervals.
Subtask 8.5 Laboratory Testing
Select soil samples obtained during exploration will be tested in our laboratory to
evaluate some soil engineering properties. Laboratory tests will be accomplished with
reference to AASHTO and/or ASTM International procedures and may include, but are
not limited to:
• Natural Moisture Content Sulfates
• Atterberg Limits
• Grain -size Distribution
• pH
• Resistivity
• Consolidation Potential
• Direct Shear
• Maximum Dry Density
• Optimum Moisture Content
Where soil is encountered during exploration that is not conducive to undisturbed
sampling and subsequent strength and/or consolidation testing, values will be correlated
to field data and index laboratory test results.
Subtask 8.6 Geotechnical Report
Summarize the information obtained from field and laboratory testing, engineering
analysis, and prepare a geotechnical evaluation report, including exploration logs, final
alignment plan (base to be provided by J -U -B). This final report will include details
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associated with the anticipated geotechnical design and construction aspects outlined
below. The following outlines the anticipated major report topics:
• Soil Engineering Characteristics — Summarize field and laboratory test results and
correlated soil engineering characteristics.
• Roadway Subgrade Preparations — Outline earthwork characteristics necessary to
establish subgrade for the support of embankments and asphalt pavement sections.
• Excavation Characteristics — Evaluate temporary excavation slope criteria for soil
slopes referencing Washington Administrative Code (WAC) Chapter 296-155.
• Performance Criteria for Contractor Supplied Conventional or MSE Wall Systems —
Provide required internal and external stability safety factors, vertical and lateral
deflection/settlement tolerances for retaining walls and MSE systems based on soil
conditions encountered during exploration.
• Permanent Soil Slope Stability — Perform global stability analyses on cut and fill
slopes to recommend slope angles with reference to LRFD methodology assuming a
minimum capacity to demand ratio of 1.0.
• Wet Weather/Wet Soil Construction — Construction considerations where earthwork
spans potentially wet weather or wet seasons.
• Stormwater Management Facilities - If additional infiltration testing is advanced, we
will provide recommended soil infiltration rates for stormwater design verification by
J -U -B. We will also identify potential limiting soil layers within 5 feet of the discharge
elevation.
• Overpass Bridge Foundation Design Criteria — Provide geotechnical foundation
design criteria for shallow, conventional abutments referencing LRFD methodology,
abutment lateral earth pressures, and required foundation preparations. Using
published correlations to bedrock in the project area and results from exploration,
provide seismic site class, geologic profile, liquefaction potential, and seismic
response.
• Embankment Construction — Provide embankment subgrade preparation
requirements and embankment construction criteria in reference to 2018 WSDOT
Standards. Embankment settlement estimates and fill slope criteria including final
preparations will also be provided.
• Structural Fill Requirements — Imported granular borrow, aggregate subbase, and
base recommendations and recommended specifications for on-site or imported soil
or structural fill will be provided referencing 2018 WSDOT Standards.
• Corrosion Potential — Buried concrete structures and utilities are expected, and the
soil corrosion potential will be summarized with respect to WSDOT Standards for the
soil profile materials. Existing structure evaluation for corrosion is not part of this
scope.
• Geosynthetic Applications — Summarize subgrade or soil stabilization geosynthetic
materials that may be required for the project. Material specifications will be
referenced to WSDOT Standards. Wall geosynthetic requirements will not be
provided since MSE walls will be contractor supplied.
• Over -Excavation of Unsuitable Soil — Where uncontrolled fill, excessive topsoil, soft,
wet or otherwise unsuitable soil are encountered in the locations explored, necessary
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areas of removal and replacement will be summarized along with recommended
replacement materials to achieve the subgrade design criteria.
Additional Recommended Services — A summary of additional services
recommended to help provide project continuity, and assist the project team
throughout design and construction will be provided.
Subtask 8.7 Geotechnical Plan Review
Subconsultant, GPI will provide final design review of applicable plans and specifications
as the project bidding documents are prepared. The purpose of our review is to help
provide geotechnical consistency between project planning, design, and construction. A
single plan and specification review iteration is expected.
Assumptions:
❑ Attend 1 project meeting with appropriate design officials and project team
members to review our preliminary soil and geologic findings
Deliverables:
❑ The report draft will be provided to J -U -B and the City of Pasco for review. Once
review comments are provided to us by the project team, we will revise and
finalize the report. We will provide our deliverable in electronic format; however, if
required, we can supply up to 6 hard copies.
TASK 9 NEPA UPDATE - ENVIRONMENTAL DOCUMENTATION AND PERMIT
COORDINATION (WIDENER AND ASSOCIATES)
Widener and Associates, as a subconsultant to J -U -B Engineers, will assist the City in the
preparation of environmental documentation and permitting of the project by providing the
following services.
Subtask 9.1 Design Assistance and Early Agency Coordination
Early input into the formation of project alternatives will be provided to ensure each
alternative includes provisions to minimize impacts to the surrounding environment. This
coordination within the various design elements of the project will identify and
incorporate minimization measures early in the alternative development phase of the
project and will ensure that an appropriate range of alternatives are developed prior to
the agency coordination.
CONSULTANT will assist the City in presenting the alternatives to both the state and
federal permitting agencies to identify the regulatory issues associated with each
alternative. Potential minimization measures for each alternative will also be identified
during the coordination with agency representatives. All permitting issues and the
recommended permitting process for the preferred alternative will be documented in the
project TS&L report.
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It is assumed that this effort will be accomplished with the graphics and design drawings
required to complete the TS&L and to conduct the open houses and that no other
special presentation materials are required.
Deliverable(s)
❑ CONSULTANT's permitting specialist will prepare meeting minutes and
memoranda documenting the coordination activities with state and federal
agencies, as required.
Subtask 9.2 Noise Study
The purpose of the Traffic Noise Report is to evaluate traffic noise levels at sensitive
receptors near the project that would be potentially affected by traffic noise and to
identify potential mitigation measures. The Traffic Noise Report will be developed in
accordance with the Washington State Department of Transportation's Environmental
Procedures Manual.
1. Sound Level Measurements:
After review of the proposed project alternatives the Consultant shall visit the
project area to identify potentially sensitive noise receivers and to take
measurements of existing sound levels. The Consultant will measure existing
noise levels during the peak hours to be used in calibrating the noise model.
Measurements will be undertaken in accordance with WSDOT and FHWA
guidelines and will be made with a Type 1 sound level meter. During these
measurements, sources of existing noise and topographical features will be
noted, and traffic speeds and vehicle numbers and mix will be noted.
2. Construction Noise Impact Evaluation:
The noise analysis will evaluate potential short-term impacts of noise from
construction activities. Construction noise on nearby sensitive receptors will be
evaluated based on estimates published by the U.S. Environmental Protection
Agency (EPA) of maximum noise levels of typical construction equipment in
conjunction with simple distance attenuation. Computer modeling of
construction noise levels will not be performed.
3. Traffic Noise Impact Evaluation:
The Consultant will evaluate traffic noise impacts using the FHWA Traffic Noise
Model (TNM) to estimate future traffic noise levels for the worst-case build
alternative. The worst-case scenario will be selected from among the build
alternatives, and will be chosen based on expected future traffic volumes and
the location of the alignment relative to sensitive receivers. The noise modeling
will predict PM peak -hour Leq noise levels from traffic at a maximum of fifteen
(15) receptor locations that could be affected by the proposed project and will
consider existing conditions and design year conditions. Modeling to calculate
noise contour lines is not included.
4. Mitigation Analysis:
The Consultant will identify mitigation measures to reduce noise levels during
construction. If predicted long-term traffic noise levels from operation of the
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project would cause noise impacts, mitigation measures will be developed in
cooperation with the lead agency and design engineers. Mitigation analysis, if
required, will include evaluation of the effectiveness and general size and
location of natural and man-made noise barriers using the TNM model.
Deliverables
❑ Three copies of a draft Traffic Noise Analysis Report for review by City with
accompanying draft special provisions if required.
❑ Three copies of a draft Traffic Noise Analysis Report, incorporating the City's
comments, for submittal to FHWANVSDOT.
❑ Three copies of a revised draft Traffic Noise Analysis Report, incorporating
comments by FHWAIWSDOT, for submittal for approval.
Subtask 9.3 Environmental Justice Survey
Services required to complete an environmental justice (EJ) analysis includes the
following main components:
1. Collecting demographic data for the project area using local data sources and the
US Census Data.
2. Identifying any environmental justice populations in the area (minority or low-
income populations).
3. Review public outreach activities to ensure potential EJ populations are offered
an opportunity to participate in project planning and decision-making.
4. Identifying any potential disproportionate effects to EJ populations from project
activities and identifying how impacts could not be avoided or minimized and
what mitigation measures could be implemented.
Deliverable(s)
❑ Three copies of the draft EJ documentation will be provided.
❑ Three copies of the final EJ documentation will be provided incorporating City
comments.
❑ Three copies of the final EJ documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Subtask 9.4 Hazardous Materials Memo
A Hazardous Materials Memo will be prepared to evaluate the presence, or likely
presence, of potential hazardous substances within the physical limits of the project that
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would have an effect on the overcrossing project. Sites with potential for environmental
issues/impacts include those that indicate current or past uses as service stations,
battery shops, dry cleaners, chemical storage, or manufacturing facilities; sites with fuel
or chemical storage tanks or drums present; or those with strong pungent or noxious
odors. The scope of services for this study will include:
5. A review of the results of a federal, state, and local environmental database
search provided by an outside environmental data service for listings of known
or suspected environmental problems at the sites or nearby properties within the
search distances specified by WSDOT.
6. A review of historical aerial photographs, fire insurance maps, city directories,
chain -of -title reports, and tax assessor records, as available and appropriate, to
identify past development history on the parcels relative to the possible use,
generation, storage, release, or disposal of hazardous substances. An attempt
to identify uses of the sites from the present to the time that records show no
apparent development of the site, or to 1940, whichever is earlier.
7. Conduct a visual reconnaissance of the parcels and adjacent properties to
identify visible evidence of potential sources of contamination.
8. A letter report that will summarize the results of this study. The letter report will
briefly discuss the project activities and include a table ranking the parcels (low,
moderate, high) by their potential for contamination from either on-site or off-site
sources. A draft letter report will be provided for review and comment. Upon
receiving comments, the letter will be modified as appropriate and made final.
Deliverable(s)
❑ Three copies of the draft Hazmat Memo will be provided.
❑ Three copies of the Hazmat Memo will be provided incorporating City comments
❑ Three copies of the final Hazmat Memo will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Subtask 9.5 NEPA CE Update
Services will be provided to prepare a NEPA Categorical Exclusion Documentation Form
(CE) with supporting documentation as required by WSDOT for projects that receive
federal funding through WSDOT (Environmental Procedures Manual, Section 300.04).
The CE will include the recommended NEPA determination (assumed to be a Class II,
Documented Categorical Exclusion). We will document this assumption following the
WSDOT Local Agency Guidance (LAG) manual.
The project will be determined to be a Class II Documented Categorical Conclusion and
neither a NEPA Environmental Impact Statement nor an Environmental Assessment will
be required.
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Deliverable(s)
❑ Three copies of the draft ECS will be provided.
❑ Three copies of the final ECS documentation will be provided incorporating City
comments.
❑ Three copies of the final ECS documentation will be provided incorporating
WSDOT/FHWA comments if required. It is assumed that WSDOT/FHWA
comments will not alter the basic conclusion of the documentation or require
further alternative studies.
Subtask 9.6 SEPA Update
CONSULTANT shall complete appropriate SEPA documentation including all needed
studies, modeling, and analysis in accordance with State Environmental Policy Act
(RCW 43.21C) and SEPA Rules (WAC 197-11). The Consultant will coordinate with the
City of Sumner to address comments on the SEPA Checklist and provide support for the
SEPA process.
Deliverable(s)
❑ SEPA Checklist
TASK 10 FUNDING
Subtask 10.1 Funding Support
CONSULTANT will assist AGENCY with investigating funding opportunities. For scoping
purposes, this assumes general support of project information and exhibits. At
AGENCY's request a supplement may be provided for specific application assistance in
writing applications such as Transportation Investment Generating Economic Recovery
(TIGER) and INFRA grant preparations.
Assumptions:
❑ Supplemental effort may be required depending on level of support and grant
requirements.
LIMITATIONS
The following limitations have been identified and will apply to this Scope of Work:
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• The full extent of environmental permitting is not known at the time of developing this
scope of work. WSDOT and other agencies may require additional rework of documents
and additional effort.
• Construction Administration and/or Construction Observation tasks are not included in
this scope of work but can be supplemented to assist AGENCY during construction to
provide. It is recommended that a future supplement to include Engineer of record for
the roadway and structure design elements to assure consistency and conformity to the
final design.
• Right -of -Way appraisals and negotiations are not included in this scope and would
require a supplement.
• Preliminary and final plans for review will be produced on 11 x 17 sheets. The project
final design will remain in the InRoads and MicroStation software used in the original
design. The original design plans (221 sheets) will be used as the basis for plans
updated to reflect design revisions. The revised design is assumed to be the same
number of sheets or less.
• No signal design is included. The original design included signal improvements at
Oregon Avenue/Lewis Street. The Oregon Avenue intersection and signal improvements
are included in the separate Oregon Avenue improvements Project which will be
constructed prior to the Lewis Street Overpass project. The previous design signal plans
will be eliminated.
• One set of ad ready PS&E plans will be provided on full size sheets if requested.
• This project will be designed for construction under a single PS&E bid contract.
• All BNSF Railway costs, including railroad flagging, permits and agreements, will be paid
directly by the AGENCY.
• Project schedule is dependent on BNSF Railway review and could also be impacted by
environmental and right-of-way phases done by others. CONSULTANT shall provide an
initial project schedule as a baseline.
• Traffic studies, modeling, and/or projections are not included in this scope.
CONSULTANT has in-house staff if required.
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N/A
Exhibit B
DBE Participation
Agreement Number: 30-18-020
Exhibit B -Local AgencyA&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1
Exhibit C
and Delivery of Electronic Engineering and Other Data
In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is
to use in preparing electronic files for transmission to the agency. The format and standards to be provided may
include, but are not limited to, the following:
I. Surveying, Roadway Design & Plans Preparation Section
A. Survey Data
CONSULTANT shall process and adjust GPS observation data via National Geodetic Survey (NGS)
On -Line Positioning Users System (OPUS) website and/or Trimble Business Center (TBC).
B. Roadway Design Files
CONSULTANT will use design software typical for roadway design and the specific task. CONSULTANT
roadway design software consists of AutoCAD, Civil 3D, Microstation and Inroads.
C. Computer Aided Drafting Files
CONSULTANT uses AutoCAD and Microstation for CAD.
Agreement Number: 30-18-020
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 4
D. Specify the Agency's Right to Review Product with the Consultant
AGENCY may request progress review submittals. Project scope specifies design submittals representing
30%, 60%, and 90% design level. Only minor revisions for 100% final documents. AGENCY will provide
a single set of review comments within 3 weeks of submittal.
E. Specify the Electronic Deliverables to Be Provided to the Agency
CONSULTANT will provide PDF of final PS&E documents. If requested by AGENCY representative files
created in Microsoft Word and Microsoft Excel will be provided.
F. Specify What Agency Furnished Services and Information Is to Be Provided
Entails and correspondence from other agencies impacting the design and management of this project such
as BNSF Railway and WSDOT.
GIS, and records of City utilities within the project area
Right of Way, easements and agreements with the City within the project area
Agreement Number: 30-18-020
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 2 of 4
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
Email and FTP are the common methods for exchanging electronic data. CONSULTANT will provide a ftp
site for this project to exchange files too large for email attachment.
Exhibit C - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 3 of 4
A. Agency Software Suite
Adobe PDF
Microsoft Word
Microsoft Excel
B. Electronic Messaging System
email
C. File Transfers Format
Adobe PDF
Microsoft Word
Microsoft Excel
Exhibit C -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 4 of 4
Exhibit D
Consultant Fee Determination - Summary Sheet
Cost Plus Fixed Fee
Project: Lewis Street Overpass
Direct Salary Cost (DSC)
Classification
Man -Hours
Rates of Pay
Costs
Principal In -Charge
12.0
$77.46
$929.52
Project Manager
439.0
$63.72
$27,973.08
Lead Project Engineer
576.0
$45.83
$26,398.08
Project Engineer
687.0
$41.83
$28,737.21
Structural Manager/QC
558.0
$55.57
$31,008.06
Structural Engineer
1609.0
$42.88
$68,993.92
QC Engineer
156.0
$55.57
$8,668.92
Landscape
138.0
$25.00
$3,450.00
Public Inv. Lead
118.0
$46.05
$5,433.90
Survey Mangr PLS
20.0
$51.80
$1,036.00
Survey PLS
46.0
$28.00
$1,288.00
Survey Crew
40.0
$37.31
$1,492.40
Roadway/Structural Designer/CADD
2814.0
$35.70
$100,459.80
Clerical
82.0
$32.14
$2,635.48
Total DSC =
$308,504.37
Overhead (OH Cost - including Salary Additives):
OH Rate x DSC of
189.96%
$586,027.86
Fixed Fee Fixed Fee
30.00%
_
$92,551.31
Total DSC, OH it Profit
$987,083.54
Reimbumables:
Travel and Per Diem
Per Diem
0 days @
$41.00 $0.00
Air Travel
0 trips @
$800.00 $0.00
Mileage
1360 miles @
$0.535 $727.60
Lodging
2 nights @
$100.00 $200.00
Reproduction/Mailing Expenses
Exhibit Mounting
10 each @
$50.00 $500.00
Survey Equipment
GPS
40.0 hours
$18.00 $720.00
Reimbursable Sub -Total
$2,147.60
Subconsultant Costs:
GPI
$50,864.47
KPG
$219,480.60
Widener
$126,733.60
Subconsultant Costs
$397,078.67
Original Agreement Credit
($21,554.47)
Total
$1,364,755.34
Total(Rounded $100)
$1,364,800.00
Management Reserve 0%
$0.00
Grand Total
$1,364,800.00
Prepared by: Rick Door
Date: 11/6/2017
File: City of Pasco - Lewis Street Overpass Fee with NEPA 11416-17.x1s PE Fees Exhibit 0
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MWashington State
% Department of Transportation
May 2, 2017
J -U -B Engineers, Inc.
250 South Beachwood Drive
Boise, ID 83709
Subject: Acceptance FYE 2016 ICR — Cognizant Review
Dear Ms. Brenda Miklos:
Transpormmxn Buddwq
3 1 U M.lpe Parr. Aven! � S.E.
PO. Bo. 47iG0
Olympia, "kA 9?SCG-7300
300-705-7000
TTY, 1-800-8335.',88
www'.wsduLwagov
We have accepted your firms FYE 2016 Indirect Cost Rate (ICR) of 189.96% based on
the "Cognizant Review" from The Idaho Transportation Department. This rate will be
applicable for WSDOT Agreements and Local Agency Contracts in Washington only.
This rate may be subject to additional review if considered necessary by WSDOT. Your
ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
Any other entity contracting with your firm is responsible for determining the
acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultantrates@wsdot.wa.gov.
Regards;
Jonson, Erik
-'r,- , .._'
Cosi8n
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR Cognizant Review
Exhibit E
Sub -Consultant Cost Computations
The Following subconsultants will be participating in this agreement as described in Exhibit A Scope of
Work:
GeoProfessional Inovation Corporation (GPI)
KPG
Widener
Subconsultant cost computations are attached.
City of Pasco, Washington
Lewis Street Overpass
J -U -B Engineers
Geotechnical Evaluation Tacoma to 2nd
N1anFniv Lea La�immn
Appendix A: Manhour and Expense Fee Estimate
Geotechnical Sub -Consultant
GPI
Total Principal Sr. Engineer Staff Eng Draftsman Clerical GeoProfessional
MATERIALS SALARY COSrS
A. Summarvof"bnr-Davrnvm
1 Principal
1 6.25
Wambeke
Abrams
Rushold
Maffey
Gregory
1 Merker
Phase Geotechnical Exploration &Soil Inventory
2 Sr. Engineer
9
L -Days=
72.0
L-Hoursx
$ 40.61
Hour=
1.1 Protect Meetings
1.75
0.75
0.5
0
98.0
0.5
$ 33.00
1.2 Boring Location Analysis
1
0.25
0.25
3.75
0.5
30.0
1 L-Hoursx
1.3 Utility Location and Pasco Coordination
1.25
0.25
0.25
0.75
5.75
L -Days=
46.0
1.4 Subsurface Analysis
6.25
0.5
0.75
3.25
1
0.75
L -Da s=
1.5 Laboratory Analysis
1.75
0.25
0.25
0.75
216.00
0.5
1.6 Infiltration Testing (Optional)
1.75
0.25
$
0.75
0.25
0.5
1.7 Design Parameter Analysis
1.75
0.25
1
0.5
1.7 ISoil Inventory Summary
4.25
0.5
0.75
1
1.25
0.75
1.8 Engineering Analysis and Design Evaluation
3.5
0.75
1
1.5
0.25
1.9 Draft Report
7
0.75
2
2.25
.0.5
1.5
2.0 Final Report
2.75
0.5
1
0.5
0.75
2.1 Design Review
2.250.25
0.5
1
0.5
2.2 Administration
2.J5
1
51. AS
1
Total Labor Days
38
6.25
9
12.25
3.75
5.75 1
1
MATERIALS SALARY COSrS
A. Summarvof"bnr-Davrnvm
1 Principal
1 6.25
1 L -Days=
50.0
1 L-Hoursx
I $ 54.47
Hour=
$
2,723.50
2 Sr. Engineer
9
L -Days=
72.0
L-Hoursx
$ 40.61
Hour=
$
2,923.92
35taff En
12.25
L -Days=
98.0
L-Hoursx
$ 33.00
Hour=
$
3,234.00
4 Draftsman
3.75
1 L -Da s=
30.0
1 L-Hoursx
1 $ 21.00
Hour=
I $
630.00
5 Clerical
5.75
L -Days=
46.0
1 L-Hoursx
1 $ 36.50
Hour=
1 $
1,679.00
6 GeoProfessional
1
L -Da s=
8.0
1 L-Hoursx
1 $ 27.001
Hour=
1 $
216.00
TOTAL DIRECT PAYROLL $ 11406.42
B. Pa roll Burden & Frin a Bene0t Costs
1 Indirect Labor, Overheatl & Fee $ 11,406.42 x $ 1.10 - $ 12,547.06
TOTAL PAYROLL BURDEN& FRINGE BENEFIT COSTS $ 23,953.48
C. Fixed Fee
14%
TOTAL FIXED FEE $3,353.49
TOTAL LABOR/PAYROLL/FIXED FEE 1 $ 27,306.97
n n�m„f-a,.rtm rna�
1 Mileage
750
x
$
0.550
- $
412.50
13,000.00
2 Exploration Expenses
1
x
$
470.00
- $
470.00
3 Exploration Geophysics Subcontractor
3 Lodging (days)
5,500.001
x
$
115.00
- $
4 Report Copies
1,500
x
$
0.15
- $
225.00
5 Laboratory Testing -Unit Rates
1
x
$
2,200.00
- $
2,200.00
6 Plan Sheets - Soil Profile
25
x
$
10.00
- $
250.00
7 ROW Permits and fees
x
$
195.00
- $
8
x
$
$
TOTAL OUT-OF-POCKET COSTS $ 3,557.50
E. Subcontractors
1 jExploracon Drilling Subcontractor
1 x $
13,000.00
- $
13,000.01
2Traffic Control
1 x IS
1,500.001
1 $
1,500.0(
3 Exploration Geophysics Subcontractor
1 x 1 $
5,500.001
1 $
5,500.0(
TOTAL SUBCONTRACTOR COSTS
TOTAL ESTIMATED DESIGN FEE
5 zo,oao.00
$ 50,864.47
Lewis Street 2017 Manhour Estimate.xls, Materials 1 of 1 9/20/2017
Washington State
F,0 Department of Transportation
September 26, 2017
Travis Wambeke, CEO
GeoProfessional Innovation Corporation
6 O'Donnell Road
Pullman, WA 99163-7013
Re: GeoProfessional Innovation Corporation
Safe Harbor Indirect Cost Rate
Dear Mr. Wambeke:
Transportation Building
310 Maple Park Avenue S. E.
P.O. Box 47300
Olympia, WA 98 50 4-73 00
360-705-7000
TTY: 1-800-833-6388
www.wsdot.wa.gov
Washington State has received approval from our local Federal Highway Administration (FHWA)
Division to continue administering the "safe harbor" indirect cost rate program on engineering and
design related service contracts, as well as for Local Public Agency projects.
We have completed our risk assessment for GeoProfessional Innovation Corporation. We conducted our
assessment based on the documentation provided by the firm. The reviewed data included, but was not
limited to, a description of the company, basis of accounting, accounting system and the basis of indirect
costs. Based on our review, your fum is eligible to use the Safe Harbor rate. You have opted to use the
Safe Harbor rate, rather than provide a FAR -compliant rate at this time.
We are issuing the Safe Harbor Indirect Cost Rate of 110% of direct labor with a field rate, where
applicable, of 80% of direct labor for GeoProfessional Innovation Corporation. The Safe Harbor rate is
effective on September 26, 2017.
GeoProfessional Innovation Corporation has agreed to improve Internal Controls and timekeeping
processes in order to be able to develop an Indirect Cost Rate Schedule in the future in accordance with
the Federal Acquisition Regulations (FAR), Subpart 31. The WSDOT Internal Audit Office has
provided guidance and information related to FARs and the AASHTO Audit Guide. You may use the
Safe Harbor Rate of 110%, or 80% for field office situations, for agreements entered into prior to
September 26, 2020. For agreements entered into after this date, please contact the WSDOT Consultant
Services Office (CSO) or our office for guidance.
The Safe Harbor Rate will not be subject to audit. Please coordinate with CSO or your Local Programs
contact if you have questions about when to apply the Safe Harbor rate to your agreement.
If you have any questions, please contact me, Jeri Sivertson, or Steve McKemey at (360)705-7003.
Sincerely,
OC
Schatzie Harvey
Agreement Compli a Audit Manager
cc: Steve McKemey, Director of Internal Audit
Jeri Sivertson, Assistant Director of Internal Audit
Larry Schofield, MS 47323
File
CERTIFICATION Oi' FINAL INDIRECT COSTS — FOR A SATE HARBOR INDIREC'i COSI RATE
Firm Name: GeoProtessional Innovation Corporation
1. the undersigned. c•ergj. that 1 have reriewed the proposal to establish the Safe Harhor rate. —
The firer it electing to use rhe SAFE HARBOR INDIRECT COST RATE of 110% of direct labor with a
field rate, schen applicable, of 80% ofeirect labor. To the best of my krrosv(edge and belie/:
a) The firm has not had a FAR connpliaut indirect cost rare previously accepted by any oilier state
agency.
b) The frrnr wil(provu(e reports asrequired by the SAFE HARBOR RATE program ori their
Progress toward compliance with the cost principles of the Federal Acquisition Regulations
(FAR) of title 48, Code of Federal Regulations (CFR), part 31.
All (mown material transactions or events that have occurred affecting the firm's ownership, organization
andprior & current indirect cost rates have been disclosed
ThefRrnr agrees to follow the 'Path to Compliance ". Steps noted below:
The Pathway must include:
• A tinrekeephrg.sysrenr which includes the Internal Controls described in chapter 6 of,4ASHTO
• An accounting.sysieur which separates indirect costs and direct costs
• An accounting system which separates allowable and unallowable cost
• A compliant job cost systeur which is general ledger driven
• Training for accounting personnel and kev nranagenrent on Part 31 of the Federal Aequisidon Regulations.
Contract Cost Principles and Procedures
• A strong written internal cornrol policy with a poticy and procedures manual
*Signature:
*Name of Certifying Officiar(Print): Travis J. Wambeke. P.E.
*Title: Chief Executive Office
Date of Certification (mm/dd/yyyy): 09/20/2017
*Note: This form is to be completed by an individual executive or financial officer of the consultant at a
level no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rate proposal submitted in
conjunction with the agreement.
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FAO Washington State
Department of Transportation
April 10, 2017
KPG, Inc.
3131 Elliott Avenue, Suite 400
Seattle, WA 98121
Transportation Building
310 Maple Park Avenue S. E.
P.O. Box 47300
Olympia, WA 98504-7300
360-705-7000
TTN. 1-800-833-6388
www.wedot.wa.gov
Subject: Acceptance FYE 2016 ICR — Risk Assessment Review
Dear Ms. Susan Rowe:
Based on Washington State Department of Transportation's (WSDOT) Risk
Assessment review of your Indirect Cost Rate (ICR), we have accepted your proposed
FYE 2016 ICR of 138.02%. This rate is applicable to Washington Local Agency
Contracts only. This rate may be subject to additional review if considered necessary by
WSDOT. Your ICR must be updated on an annual basis.
Costs billed to agreements/contracts will still be subject to audit of actual costs, based
on the terms and conditions of the respective agreement/contract.
This was not a cognizant review. Any other entity contracting with the firm is
responsible for determining the acceptability of the ICR.
If you have any questions, feel free to contact our office at (360) 705-7019 or via email
consultant rates @ wsdot. wa. eov.
Regards;
Jonson, Erik
cosign
ERIK K. JONSON
Manager, Consultant Services Office
EKJ:kms
Acceptance ICR Risk Assessment Review
KPG, P.S.
STATEMENT OF DIRECT LABOR, FRINGE BENEFITS, AND GENERAL OVERHEAD
FOR THE YEAR ENDED DECEMBER 31, 2016
Financial Stmt Unallowable
Description Expense Costs __FAR Ret
Direct Labor $ 4,788,788 $
INDIRECT COSTS
Fringe Benefits:
Vacation, sick, and holiday
$
903,398
$
Incentive compensation
147,724
-
401(k) plan
159,704
-
Employeegroupinsurance
594,866
(16,599)
Payroll taxes
659,346
(555)
Workers compensation
20,233
-
Other employee hensfits
106,769
(86,938)
Total Fringe Benefits
$
2,592,038
$ (104,092)
General Overhead:
Indirect labor
$
1,814,994
$ (7,254)
Indirect labor (field)
148,781
Advertising
9,292
(8,268)
Automobile
38,669
-
Bank fees and processing charges
1,690
Computer supplies
337,029
(7,535)
Contributions
500
(500)
Depreciation and amortization
225,605
-
Duesandprofessiwlallicenses
22,793
(1,251)
Entertainment
4,701
(4,701)
Fines and penalties
4,433
(4,433)
Insurance
129,911
(16,022)
Interest
266,896
(266,896)
Loosed equipment
2,511
-
Meals expense
14,043
(8,690)
Office supplies and postage
199,620
(1,580)
Professional services
80,252
(4,150)
Recruitment
1,766
-
Rent
605,076
(129,258)
Repairs and maintenance
165,524
(38,573)
Seminars and professional education
23,666
-
Supplies
28,160
-
Taxes and licenses
267,492
(1,077)
Telecommunications
113,734
(8)
Travel
121,565
(1,218)
Recovery
(35,506)
-
ToUl General Overhead
$
4,593.197
$ (501,414)
Total Indirect Costs
$
7,185,235
$ (605,506)
Percent of Direct Labor
Facilities Capital Cost of Money (FCCM)
Percent of Direct Labor
Total Indirect Costs and FCCM Percent of Direct Labor
See accompanying auditors' report and notes.
Total
__Proposed _
$ 4,788,788
$ 903,396
147,724
159,704
578,267
658,791
20,233
19.831
$ 2,487,946
$ 1,807,740
148,781
1,024
38,669
1,690
329,494
225,605
21,542
113,889
2,511
5,353
198,040
76,102
1,766
475,818
126,951
23,666
28,160
266,415
113,726
120,347
(35,506)
$ 4,091,783
$ 6,579,729
137.40%
$ 29.934
0.63%
138.02%
KPO, P.S.
DESCRIPTION OF FAR REFERENCES AND AUDIT ADJUSTMENTS
FOR THE YEAR ENDED DECEMBER 31, 2016
(1) 31.205.19 (e) (2) (v) Insurance and indemnification - Costs of insurance on the lives of officers that does not represent
additional compensation and the company is the beneficiary of the policy is unallowable.
(2) 31.201-2 (d) Determining allowability - Lack of supporting documentation to demonstrate that costs have been incurred are
unallowable.
(3) 31.205-13 (b) Employee morale, health, welfare, food service, and dormitory costs and credits - Costs of gifts are
unallowable.
(4) 31.205-14 Entertainment costs - Costs of amusement, diversions, social activities, and any directly associated costs such
as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable.
(5) 31.205-1 (t) Public relations and advertising costs - Public relations and advertising costs designed to call favorable attention
to the contrector and its activities is unallowable.
(6) 31.205-8 Contributions or donations - Contributions or donations are unallowable.
(7) 31.205-22 (a) (1) Lobbying and political activity costs - Costs associated with attempts to Influence the outcome& of any
Federal, State, or local election, referendum, initiative, or similar procedure, through in kind or cash contributions,
endorsements, publicity, or similar activities are unallowable.
(8) 31.205-15 Fines, penalties, and mischarging costs - Fine, penalties, and late fees are unallowable.
(9) 31.201-2 (c) Determining allowability - When contractor accounting practices are inconsistent with this Subpart 31.2, costs
resulting from such inconsistent practices in excess of the amount that would have resulted from using practices consistent
with this subpart are unallowable.
(10) 31.205-20 Interest and other financial costs - Interest on borrowings (however represented) are unaflowabl e,
(11) 31.201-6 (a) Accounting for unallowable costs - When an unallowable cost is incurred, its directly associated costs are also
unallowable.
(12) 31.2013 (b) (1) - Determining reasonableness - Casts generally not recognized as ordinary and necessary for the conduct of
business are unallowable.
(13) 31.20546 (a) 2 Travel costs - Costs that exceed, on a daily basis, the maximum per diem rates in effect at the time of travel
as set forth in the Federal Travel Regulations are unallowable.
(14) 31.205-36 (3) Rental costs - Charges in the nature of rent for property between organizations under common control that
exceed the normal costs of ownership are unallowable.
(15) 31,205-51 - Costs of alcoholic beverages -Costs of alcoholic beverages are unallowable.
Certification of Final Indirect Costs
Firm Name: KPG, Inc.
Indirect Cost Rate Proposal: 138.02%
Date of Proposal Preparation (mm/dd/yyyy): 03/17/2017
Fiscal Period Covered (mm/dd/yyyy to mm/dd/yyyy): 01101/2016 to 12/31r16
1, the undersigned, certify that I have reviewed the proposal to establish final indirect cost rates
for the fiscal period as specified above and to the best of my knowledge and belief.
1.) All costs included in this proposal to establish final indirect cost rates are allowable in
accordance with the cost principles of the Federal Acquisition Regulations (FAR) of title 48,
Code of Federal Regulations (CFR), part 31.
2.) This proposal does not include any costs which are expressly unallowable under the cost
principles of the FAR of 48 CFR 31.
All known material transactions or events that have occurred affecting the firm's ownership,
organization and indirect cost rates have been disclosed.
Signature:
Name of Certifying Official* (Print): Nelson Davis
Title: President
Date of Certification (mmlddlyyyy): 03/17/2017
*The "Certifying Official" must be an individual executive or financial officer of the firm at a level
no lower than a Vice President or Chief Financial Officer, or equivalent, who has the authority to
represent the financial information utilized to establish the indirect cost rate for use under Agency
contracts.
Ref. FHWA Directive 4470.1A available on line at:
htti)://www.fhwa.dot.govAecisregs/directivestorders/44701a.htm
O/H Certification; Nov 2010
Project Name
Client
Location
Lewis Street Bridge over BNSF Railway
Rick Door / NB
Pasco, Washington Date 10/25/2017
Project
Manager
Project
Biologist
Senior Biologist
Hours
Hours
Hours
Design Assistance and Early Agency
Coordination/BNSF
40
10
40
Noise Report
Draft
40
10
120
Final
20
4
40
EJ Report
Draft
40
10
120
Final
20
4
20
Hazmat Memo
Draft
40
10
80
Final
25
5
25
Update NEPA CE
Draft
40
20
20
Final
20
10
10
Update SEPA MDNS
Draft
10
4
8
Final
10
4
4
Total hours
305
91
487
Summary
Hours Rate (DSC)
Cost
Project Manager
305
$64.00
$19,520.00
Project Biologist
91
$31.00
$2,821.00
Senior Biologist
487
$54.00
$26,298.00
overhead W SDOT Safe Harbor Rate
$53,503
profit
$14,592
Total Labor
$116,733.60
Expenses
Hazmat Testing
$5,000
Mileage
$5,000
TOTAL ESTIMATED COST
$126,733.60
WIDENER ASSOCIATES
1902 120TH Place SE, Suite 202
Everett, WA 98208
Exhibit F
Title VI Assurances
During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors
in interest agrees as follows:
1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-
discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations,
Part 21, as they may be amended from time to time (hereinafter referred to as the "REGULATIONS"),
which are herein incorporated by reference and made a part of this AGREEMENT.
2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT,
shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention
of sub -consultants, including procurement of materials and leases of equipment. The CONSULTANT
shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the
REGULATIONS, including employment practices when this AGREEMENT covers a program set forth
in Appendix B of the REGULATIONS.
Solicitations for Sub -consultants, Including Procurement of Materials and Equipment: In all solicitations
either by competitive bidding or negotiations made by the CONSULTANT for work to be performed
under a sub -contract, including procurement of materials or leases of equipment, each potential sub -
consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT's obligations under
this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color,
sex, or national origin.
4. Information and Reports: The CONSULTANT shall provide all information and reports required by the
REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records,
accounts, other sources of information, and its facilities as may be determined by the AGENCY, the
STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such
REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the
exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall
so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has
made to obtain the information.
5. Sanctions for Non-compliance: In the event of the CONSULTANT's non-compliance with the non-
discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions
as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:
• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT
complies, and/or;
• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.
6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through
(5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the
REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with
respect to any sub -consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means
of enforcing such provisions including sanctions for non-compliance.
Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with,
litigation with a sub -consultant or supplier as a result of such direction, the CONSULTANT may request
the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in
addition, the CONSULTANT may request the United States enter into such litigation to protect the interests
of the United States. Agreement Number: 30-18-020
Exhibit F- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1
Exhibit G
Certification Documents
Exhibit G -1(a) Certification of Consultant
Exhibit G -1(b) Certification of
Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters -
Primary Covered Transactions
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying
Exhibit G-4 Certificate of Current Cost or Pricing Data
Agreement Number:
Page 1 of 1
Exhibit G -1(a) Certification of Consultant
I hereby certify that I am the and duly authorized representative of the firm of
J -U -B ENGINEERS, INC.
whose address is
2810 W. Clearwater Ave., Ste 201
and that neither the above firm nor I have:
a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,
any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)
to solicit or secure this AGREEMENT;
b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out this AGREEMENT; or
c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
J -U -B Engineers, Inc.
Consultant (Firm Name)
PG � `
Signature (Authorized Official of Consultant)
1-15-18
Date
Agreement Number:
Page 1 of 1
Exhibit G -1(b) Certification of City of Pasco
I hereby certify that I am the:
0 City Manager
❑ Other
of the City of Pasco
, and J -U -B Engineers, Inc.
or its representative has not been required, directly or indirectly as an express or implied condition in connection
with obtaining or carrying out this AGREEMENT to:
a) Employ or retain, or agree to employ to retain, any firm or person; or
b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration
of any kind; except as hereby expressly stated (if any):
I acknowledge that this certificate is to be furnished to the Washington State Department of Transportation
and the Federal Highway Administration, U.S. Department of Transportation, in connection with this
AGREEMENT involving participation of Federal -aid highway funds, and is subject to applicable State and
Federal laws, both criminal and civil.
Sig ture
Date
�_ 9-/2Y, //0
Agreement Number: 30-18-020
Page 1 of 1
Exhibit G-2 Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under
a public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
D. Have not within a three (3) year period preceding this application / proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
J -U -B Engineers, Inc.
Consultant (Finn Name)
/� 6'� Li�
Signature (Authorized Official of Consultant)
1-15-18
Date
Agreement Number: 30-18-020
Page 1 of 1
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,
the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,
or modification of Federal contract, grant, loan or cooperative AGREEMENT.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in connection with this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,
for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require
that the language of this certification be included in all lower tier sub -contracts, which exceed $100,000,
and that all such sub -recipients shall certify and disclose accordingly.
J -U -B Engineers, Inc.
Consultant (Firm Name)
X,,/
Signature (Authorized Official of Consultant)
1-15-18
Date
Agreement Number: 30-18-020
Page 1 of 1
Exhibit G-4 Certificate of Current Cost or Pricing Data
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section
2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted,
either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer's
representative in support of Lewis Street Overpass ' are accurate, complete, and current
as of November 6, 2017
This certification includes the cost or pricing data supporting any advance AGREEMENT's and forward pricing
rate AGREEMENT's between the offer or and the Government that are part of the proposal.
Firm: J -U -B Engineers, Inc.
;, 4 x J -U -B Area Manager
Signature Title
Date of Execution***: February 5, 2018
*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)
**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.
***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and the
contract price was agreed to.
Agreement Number: 30-18-020
Page 1 of 1
Exhibit H
Liability Insurance Increase
To Be Used Only If Insurance Requirements Are Increased
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations
and Insurance of this Agreement is amended to $
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
Such insurance coverage shall be evidenced by one of the following methods:
• Certificate of Insurance.
• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for
those funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted
to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional
professional liability insurance required.
Notes: Cost of added insurance requirements: $
• Include all costs, fee increase, premiums.
• This cost shall not be billed against an FHWA funded project.
• For final contracts, include this exhibit.
Agreement Number: 30-18-020
Exhibit H - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 1 of 1
Exhibit I
Alleged Consultant Design Error Procedures
The purpose of this exhibit is to establish a procedure to determine if a consultant's alleged design error is of a
nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution
and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage
due to the alleged error by the consultant.
Step 1 Potential Consultant Design Error(s) is Identified by Agency's Project Manager
At the first indication of potential consultant design error(s), the first step in the process is for the Agency's
project manager to notify the Director of Public Works or Agency Engineer regarding the potential design
error(s). For federally funded projects, the Region Local Programs Engineer should be informed and
involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an
agency staff person other than the project manager, who has not been as directly involved in the project,
to be responsible for the remaining steps in these procedures.)
Step 2 Project Manager Documents the Alleged Consultant Design Error(s)
After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the
Director of Public Works or Agency Engineer's concurrence, the project manager obtains more detailed
documentation than is normally required on the project. Examples include: all decisions and descriptions
of work; photographs, records of labor, materials and equipment.
Step 3 Contact the Consultant Regarding the Alleged Design Error(s)
If it is determined that there is a need to proceed further, the next step in the process is for the project
manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged
error(s). The project manager and other appropriate agency staff should represent the agency and the
consultant should be represented by their project manager and any personnel (including sub -consultants)
deemed appropriate for the alleged design error(s) issue.
Step 4 Attempt to Resolve Alleged Design Error with Consultant
After the meeting(s) with the consultant have been completed regarding the consultant's alleged design
error(s), there are three possible scenarios:
• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case,
then the process will not proceed beyond this point.
• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case,
then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement
with the consultant. The settlement would be paid to the agency or the amount would be reduced from
the consultant's agreement with the agency for the services on the project in which the design error
took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary
of the settlement for review and to make adjustments, if any, as to how the settlement affects federal
reimbursements. No further action is required.
• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may
request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency
Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal
counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.
Agreement Number: 30-18-020
Exhibit I - Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 1110112017 Page 102
Step 5 Forward Documents to Local Programs
For federally funded projects all available information, including costs, should be forwarded through the
Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet
with representatives of the agency and the consultant to review the alleged design error(s), and attempt
to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General's Office
for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs
for federal reimbursement.
• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs
to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount
of federal participation in the agreed upon resolution of the issue.
• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration
or by litigation.
Agreement Number: 30-18-020
Exhibit I -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 2 of 2
Exhibit J
Consultant Claim Procedures
The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following
procedures should only be utilized on consultant claims greater than $1,000. If the consultant's claim(s) are a total
of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the
Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant's claim(s)
that total $1,000 or less.
This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential
claim by the consultant.
Step 1 Consultant Files a Claim with the Agency Project Manager
If the consultant determines that they were requested to perform additional services that were outside
of the agreement's scope of work, they may be entitled to a claim. The first step that must be completed
is the request for consideration of the claim to the Agency's project manager.
The consultant's claim must outline the following:
• Summation of hours by classification for each firm that is included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Timeframe of the additional work that was outside of the project scope;
• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with
the additional work; and
• Explanation as to why the consultant believes the additional work was outside of the agreement
scope of work.
Step 2 Review by Agency Personnel Regarding the Consultant's Claim for Additional Compensation
After the consultant has completed step 1, the next step in the process is to forward the request to the
Agency's project manager. The project manager will review the consultant's claim and will met with the
Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the
FHWA is participating in the project's funding, forward a copy of the consultant's claim and the Agency's
recommendation for federal participation in the claim to the WSDOT Local Programs through the Region
Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from
agency funds.
If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs
(if applicable), and FHWA (if applicable) agree with the consultant's claim, send a request memo, including
backup documentation to the consultant to either supplement the agreement, or create a new agreement
for the claim. After the request has been approved, the Agency shall write the supplement and/or new
agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for
the agreement is subject to audit. No further action in needed regarding the claim procedures.
If the Agency does not agree with the consultant's claim, proceed to step 3 of the procedures.
Agreement Number: 30-18-020
Exhibit J -Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/01/2017 Page 1 of 2
Step 3 Preparation of Support Documentation Regarding Consultant's Claim(s)
If the Agency does not agree with the consultant's claim, the project manager shall prepare a summary
for the Director of Public Works or Agency Engineer that included the following:
• Copy of information supplied by the consultant regarding the claim;
• Agency's summation of hours by classification for each firm that should be included in the claim;
• Any correspondence that directed the consultant to perform the additional work;
• Agency's summary of direct labor dollars, overhead costs, profit and reimbursable costs associated
with the additional work;
• Explanation regarding those areas in which the Agency does/does not agree with the consultant's
claim(s);
• Explanation to describe what has been instituted to preclude future consultant claim(s); and
• Recommendations to resolve the claim.
Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation
The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove
the claim, or portions thereof, which may include getting Agency Council or Commission approval (as
appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain
concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim
is not eligible for federal participation, payment will need to be from agency funds.
Step 5 Informing Consultant of Decision Regarding the Claim
The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final
decision regarding the consultant's claim(s). Include the final dollar amount of the accepted claim(s)
and rationale utilized for the decision.
Step 6 Preparation of Supplement or New Agreement for the Consultant's Claim(s)
The agency shall write the supplement and/or new agreement and pay the consultant the amount
of the claim. Inform the consultant that the final payment for the agreement is subject to audit.
Agreement Number: 30-18-020
Exhibit J- Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Revised 11/0112017 Page 2 of 2